33 Cited authorities

Foman v. Davis
371 U.S. 178 (1962) Cited 29,223 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Dennis v. Higgins
498 U.S. 439 (1991) Cited 394 times
Holding that "the Commerce Clause confers 'rights, privileges, or immunities' within the meaning of § 1983"
Glassman v. Computervision Corp.
90 F.3d 617 (1st Cir. 1996) Cited 659 times
Holding that a motion to amend should be denied as futile if “the complaint, as amended, would fail to state a claim upon which relief could be granted.”
U.S. ex Rel. Gagne v. City of Worcester
565 F.3d 40 (1st Cir. 2009) Cited 233 times 1 Legal Analyses
Holding that Rule 9(b) may be satisfied "where, although some questions remain unanswered, the complaint as a whole is sufficiently particular to pass muster under the FCA"
Smith v. Transworld Systems, Inc.
953 F.2d 1025 (6th Cir. 1992) Cited 302 times
Holding that the contents of a collection letter were not misleading, even under the "least sophisticated consumer" standard
Adorno v. Crowley Towing and Transp. Co.
443 F.3d 122 (1st Cir. 2006) Cited 180 times
Holding that futility of an amendment is assessed under the standard of Fed.R.Civ.P. 12(b)
Abraham v. Woods Hole Oceanographic Institute
553 F.3d 114 (1st Cir. 2009) Cited 145 times 3 Legal Analyses
Affirming dismissal of action filed more than 90 days after issuance of EEOC's right-to-sue notice
Hilton v. Guyot
159 U.S. 113 (1895) Cited 1,106 times 26 Legal Analyses
Holding that matters should not be retried absent a showing of prejudice, fraud, or some other extenuating circumstance "where there has been opportunity for a full and fair trial abroad before a court of competent jurisdiction"
Colson v. Avnet, Inc.
687 F. Supp. 2d 914 (D. Ariz. 2010) Cited 109 times
Denying conditional certification and noting that "[a]s a matter of both sound public policy and basic common sense, the mere classification of a group of employees - even a large or nationwide group - as exempt under the FLSA is not by itself sufficient to constitute the necessary evidence of a common policy, plan, or practice that renders all putative class members as 'similarly situated' for § 216(b) purposes."
Dong v. Board of Educ. of Rochester Schools
197 F.3d 793 (6th Cir. 1999) Cited 64 times
Finding that parents were afforded opportunity to participate, despite school district's failure to reconvene an IEPC after receiving a letter from parents, when parents attended and expressed their views at two IEPCs
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 92,835 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,573 times 1241 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Litz v. The Saint Consulting Group, Inc. et al

33 Cited authorities

Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

Holding that "the Commerce Clause confers 'rights, privileges, or immunities' within the meaning of § 1983"

Holding that a motion to amend should be denied as futile if “the complaint, as amended, would fail to state a claim upon which relief could be granted.”

Holding that Rule 9(b) may be satisfied "where, although some questions remain unanswered, the complaint as a whole is sufficiently particular to pass muster under the FCA"

Holding that the contents of a collection letter were not misleading, even under the "least sophisticated consumer" standard

Holding that futility of an amendment is assessed under the standard of Fed.R.Civ.P. 12(b)

Affirming dismissal of action filed more than 90 days after issuance of EEOC's right-to-sue notice

Holding that matters should not be retried absent a showing of prejudice, fraud, or some other extenuating circumstance "where there has been opportunity for a full and fair trial abroad before a court of competent jurisdiction"

Finding that parents were afforded opportunity to participate, despite school district's failure to reconvene an IEPC after receiving a letter from parents, when parents attended and expressed their views at two IEPCs

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"