§Why CasetextPricing

Hershey, et al, v. Pacific Investment Management Company LLC

MEMORANDUM

41 Cited authorities

  1. Hishon v. King Spalding

    467 U.S. 69 (1984)   Cited 12,442 times   7 Legal Analyses
    Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

  2. Merrill Lynch, Pierce, Fenner Smith v. Curran

    456 U.S. 353 (1982)   Cited 570 times
    Holding that congressional amendment of the Commodity Exchange Act that was silent on the subject of private judicial remedies did not overturn federal court decisions routinely and consistently recogniz[ing] an implied private cause of action"

  3. Vicom v. Harbridge Merchant Services, Inc.

    20 F.3d 771 (7th Cir. 1994)   Cited 1,210 times
    Holding that 199-page, 385-paragraph complaint "violated the letter and spirit of Rule 8"

  4. U.S. v. Philadelphia Nat. Bank

    374 U.S. 321 (1963)   Cited 769 times   16 Legal Analyses
    Holding that products and services offered by commercial banks constituted cluster market

  5. Faith Center v. Federal Communications Comm

    474 U.S. 1006 (1985)   Cited 128 times
    Finding a "substantial step" toward production where defendant ordered and received the necessary equipment and chemicals

  6. Bontkowski v. Smith

    305 F.3d 757 (7th Cir. 2002)   Cited 212 times
    Holding that a prisoner is a citizen of the state of which he was a citizen before incarceration, unless he plans to live elsewhere when he gets out, in which case he is a citizen of that state

  7. In re Steinhardt Partners, L.P.

    9 F.3d 230 (2d Cir. 1993)   Cited 240 times   4 Legal Analyses
    Holding that voluntary production of privileged documents to an adversary waives privilege

  8. Shah v. Inter-Continental Hotel Chicago Operating Corp.

    314 F.3d 278 (7th Cir. 2002)   Cited 124 times
    Holding that plaintiffs are not required to identify the federal or state law in a complaint, which may be discovered by interrogatories or through briefing

  9. Cargill, Inc. v. Butz

    406 U.S. 932 (1972)   Cited 62 times

    No. 71-1130. May 15, 1972, OCTOBER TERM, 1971. C.A. 8th Cir. Certiorari denied. MR. JUSTICE BLACKMUN took no part in the consideration or decision of this petition. Reported below: 452 F. 2d 1154.

  10. In re Natural Gas Commodity Litigation

    337 F. Supp. 2d 498 (S.D.N.Y. 2004)   Cited 55 times
    Holding in a case where the plaintiffs asserted a claim under Section 9, 7 U.S.C. § 13

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 346,412 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,479 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1 - Short title

    7 U.S.C. § 1   Cited 942 times   34 Legal Analyses
    Defining an FCM as, among other things and in pertinent part, an entity that is "engaged in soliciting or in accepting orders for the purchase or sale of a commodity for future delivery" or is registered as an FCM

  14. Section 1a - Definitions

    7 U.S.C. § 1a   Cited 323 times   63 Legal Analyses
    Defining "excluded commodity" under Commodity Exchange Act

  15. Section 25 - Private rights of action

    7 U.S.C. § 25   Cited 277 times   4 Legal Analyses
    Granting federal courts exclusive jurisdiction over private claims brought under the CEA

  16. Section 13 - Violations generally; punishment; costs of prosecution

    7 U.S.C. § 13   Cited 261 times   12 Legal Analyses
    Pertaining to punishment for violations of the Commodity Exchange Act

  17. Section 7 - Designation of boards of trade as contract markets

    7 U.S.C. § 7   Cited 201 times   6 Legal Analyses
    Requiring contract markets to adopt anti-fraud rules

  18. Section 12a - Registration of commodity dealers and associated persons; regulation of registered entities

    7 U.S.C. § 12a   Cited 98 times   3 Legal Analyses
    Providing authority for promulgation of regulations and proscribing their contravention

  19. Section 7a - Repealed

    7 U.S.C. § 7a   Cited 77 times

    7 U.S.C. § 7a Pub. L. 111-203, title VII, §734(a), July 21, 2010, 124 Stat. 1718 Section, act Sept. 21, 1922, ch. 369, §5a, as added Pub. L. 106-554, §1(a)(5) [title I, §111], Dec. 21, 2000, 114 Stat. 2763, 2763A-387; amended Pub. L. 110-234, title XIII, §13203(h), May 22, 2008, 122 Stat. 1440; Pub. L. 110-246, §4(a), title XIII, §13203(h), June 18, 2008, 122 Stat. 1664, 2202; Pub. L. 111-203, title VII, §721(e)(5), July 21, 2010, 124 Stat. 1671, related to derivatives transaction execution facilities