MEMORANDUM OF LAW in Opposition re: 103 MOTION for Reconsideration of September 30, 2015 Order and/or Response to Plaintiff's Objections to September 2, 2015 Report and Recommendation. . Document
554 U.S. 724 (2008) Cited 1,217 times 6 Legal Analyses
Holding that there was a reasonable expectation that a congressional candidate would be subject to a federal campaign finance law in the future when he "made a public statement expressing his intent" to run for the seat in the future
457 U.S. 991 (1982) Cited 2,785 times 7 Legal Analyses
Holding that nursing home is not a state actor in part because provision of nursing home services is not a traditional and exclusive sovereign function
Holding reconsideration "is not a vehicle for relitigating old issues . . . securing a rehearing on the merits, or otherwise taking a second bite at the apple."
Holding that "[e]ven if Rule 54(b) allows parties to request district courts to revisit earlier rulings, the moving party must do so within the strictures of the law of the case doctrine"
Holding that a party cannot attempt to obtain "a second bite at the apple" by presenting new theories or re-litigating old issues that were previously addressed
Holding Colorado River abstention appropriate in legal malpractice suit where plaintiff raised as defenses in the state action claims identical to those contained in the federal malpractice suit, and state court's resolution of plaintiff's defenses would have collateral estoppel effect in the federal action
Fed. R. Civ. P. 23 Cited 34,858 times 1232 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"