12 Cited authorities

Scheuer v. Rhodes
416 U.S. 232 (1974) Cited 22,280 times 3 Legal Analyses
Holding that executive branch officers had qualified immunity
In re Am. Med. Sys., Inc.
75 F.3d 1069 (6th Cir. 1996) Cited 1,051 times 6 Legal Analyses
Holding that design and manufacturing differences across ten different models of the same product meant potentially varying results on strict liability, fraudulent misrepresentation, negligence, and failure to warn claims
U.S. v. Community Hlth
501 F.3d 493 (6th Cir. 2007) Cited 609 times 8 Legal Analyses
Holding that extrinsic evidence can be considered in determining whether a defendant was on notice of the plaintiff's claims for the purpose of Rule 15(c)
Correa-Martinez v. Arrillaga-Belendez
903 F.2d 49 (1st Cir. 1990) Cited 779 times
Holding that futile amendments need not be allowed
The Dartmouth Review v. Dartmouth College
889 F.2d 13 (1st Cir. 1989) Cited 651 times
Holding that "the question of whether it might have been error for the court to have denied leave to amend is not before us, because plaintiffs never requested it"
Knight v. Mills
836 F.2d 659 (1st Cir. 1987) Cited 121 times
Holding that decisions by two other circuits cannot create clearly established law when the Supreme Court had reserved the issue
Ford Motor Credit Company v. Chiorazzo
529 F. Supp. 2d 535 (D.N.J. 2008) Cited 46 times
Finding that a plaintiff's “allegations [were] ripe for review[] regardless of whether there ha[d] been a final adjudication of related proceedings,” and noting that “ contingent creditor . . . may commence an action without a final adjudication”
Bergeson v. Franchi
783 F. Supp. 713 (D. Mass. 1992) Cited 31 times
Holding that at-will employee's breach of contract claim fails because, absent showing of bad faith or public policy violation, at-will relationship is by definition terminable at any time for any reason
General Elec. Co. v. Lyon
894 F. Supp. 544 (D. Mass. 1995) Cited 16 times
Finding that alleged conduct by defendant prohibiting authorized compounders to sell plaintiff's equipment exceeded mere refusal to deal
Melo-Tone Vending, Inc. v. United States
666 F.2d 687 (1st Cir. 1981) Cited 26 times
In Melo-Tone a creditor argued that he had been deprived of property without due process when his debtor entered the Witness Protection Program and the government refused to reveal his whereabouts.
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,056 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 42 - Consolidation; Separate Trials
Fed. R. Civ. P. 42 Cited 9,238 times 24 Legal Analyses
Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

In Re: Kugel Mesh Hernia Patch Products Liability Litigation

12 Cited authorities

Holding that executive branch officers had qualified immunity

Holding that design and manufacturing differences across ten different models of the same product meant potentially varying results on strict liability, fraudulent misrepresentation, negligence, and failure to warn claims

Holding that extrinsic evidence can be considered in determining whether a defendant was on notice of the plaintiff's claims for the purpose of Rule 15(c)

Holding that futile amendments need not be allowed

Holding that "the question of whether it might have been error for the court to have denied leave to amend is not before us, because plaintiffs never requested it"

Holding that decisions by two other circuits cannot create clearly established law when the Supreme Court had reserved the issue

Finding that a plaintiff's “allegations [were] ripe for review[] regardless of whether there ha[d] been a final adjudication of related proceedings,” and noting that “ contingent creditor . . . may commence an action without a final adjudication”

Holding that at-will employee's breach of contract claim fails because, absent showing of bad faith or public policy violation, at-will relationship is by definition terminable at any time for any reason

Finding that alleged conduct by defendant prohibiting authorized compounders to sell plaintiff's equipment exceeded mere refusal to deal

In Melo-Tone a creditor argued that he had been deprived of property without due process when his debtor entered the Witness Protection Program and the government refused to reveal his whereabouts.

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."