Caterpillar Inc. v. Lewis
519 U.S. 61 (1996) Cited 3,049 times 3 Legal AnalysesHolding that "diversity became complete" when a nondiverse party settled and was dismissed from the case and that therefore "[t]he jurisdictional defect was cured"
Grupo Dataflux v. Atlas Glob. Grp., L.P.
541 U.S. 567 (2004) Cited 2,138 times 3 Legal AnalysesHolding that a party's post-filing change in citizenship cannot cure a lack of diversity jurisdiction from the lawsuit's outset
Mas-Hamilton Group v. LaGard, Inc.
156 F.3d 1206 (Fed. Cir. 1998) Cited 307 times 1 Legal AnalysesHolding "movable link member" was subject to § 112 ¶ 6
Schreiber Foods, Inc. v. Beatrice Cheese
402 F.3d 1198 (Fed. Cir. 2005) Cited 123 times 5 Legal AnalysesHolding that the plaintiff in patent-infringement action lost standing by assigning all rights to the asserted patents to a non-party entity and that "the case became moot" as a result of the plaintiff's loss of standing
ELCA Enters. v. Sisco Equip. Rental & Sales
53 F.3d 186 (8th Cir. 1995) Cited 123 timesFinding that because “parties must provide clear and accurate responses to discovery requests,” a party's “eleventh hour attempt to switch the basis for its alleged damages” was properly excluded
In re Bernal
207 F.3d 595 (9th Cir. 2000) Cited 97 timesHolding that where noteholder improperly sought intervention after default where the proper remedy was substitution pursuant to Fed. R. Bankr. P. 7025, court had no remedy for the noteholder
Ransom v. Brennan
437 F.2d 513 (5th Cir. 1971) Cited 159 timesHolding that court lacked personal jurisdiction over executrix when motion to substitute was filed only on deceased's attorney, not executrix personally
Beghin-Say Intern. v. Ole-Bendt Rasmussen
733 F.2d 1568 (Fed. Cir. 1984) Cited 57 timesHolding action did not arise under the patent laws
Corbin v. Blankenburg
39 F.3d 650 (6th Cir. 1994) Cited 36 timesStating that if the plaintiff is not a plan fiduciary when the lawsuit is originally filed, "he would have no authority to bring the action under ERISA in the first place" and in such cases "the absence of subject matter jurisdiction [cannot be] cured by substituting an authorized plaintiff for the unauthorized plaintiff"
Brook Weinberg v. Coreq, Inc.
53 F.3d 851 (7th Cir. 1995) Cited 32 timesHolding that successor parties share the consent election of the original party because their “status in the litigation-like the substantive claims they raise or defend-tracks the positions of the original litigants.”
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 69,891 times 124 Legal AnalysesHolding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,181 times 48 Legal AnalysesRecognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Rule 25 - Substitution of Parties
Fed. R. Civ. P. 25 Cited 10,816 times 11 Legal AnalysesProviding for the automatic substitution at the district-court level of public officers sued in their official capacities
Rule 43 - Substitution of Parties
Fed. R. App. P. 43 Cited 859 times 2 Legal AnalysesProviding for automatic substitution of a public officer's successor
Rule 1 - Scope of Rules; Definition; Title
Fed. R. App. P. 1 Cited 136 times 2 Legal AnalysesNoting that the Federal Rules of Appellate Procedure “govern procedure in the United States courts of appeals”