Klapp v. United Insurance Group Agency, Inc.
468 Mich. 459 (Mich. 2003) Cited 764 times 1 Legal AnalysesHolding that, if a term is ambiguous, the parties' intent becomes a question of fact, which must be decided by a jury
Bediako v. Stein Mart, Inc.
354 F.3d 835 (8th Cir. 2004) Cited 393 timesHolding that the duty to liberally construe pro se pleadings does not require the district court "to divine the litigant's intent and create claims that are clearly not raised"
Roberson v. Hayti Police Dept
241 F.3d 992 (8th Cir. 2001) Cited 375 timesHolding that delay of eleven months did not justify denial of leave to amend
Popp Telcom v. Am. Sharecom, Inc.
210 F.3d 928 (8th Cir. 2000) Cited 169 timesHolding the trial court abused its discretion when it denied the plaintiff's motion to amend the complaint to add state law claims based on the same facts alleged in the initial complaint
Fleet Bus. v. Krapohl
274 Mich. App. 584 (Mich. Ct. App. 2007) Cited 103 timesHolding that such attorney fees are general damages, not special damages
Dennis v. Dillard Department Stores, Inc.
207 F.3d 523 (8th Cir. 2000) Cited 110 timesFinding the district court abused its discretion in denying leave to amend the answer, where the additional defense would have "provided a complete defense to liability" against one of plaintiff's claims
Grace v. Grace
253 Mich. App. 357 (Mich. Ct. App. 2002) Cited 77 timesHolding that the focus was on whether the wrongful conduct of one party caused the other party to incur the legal fees
Zurich Insurance v. CCR & Co.
226 Mich. App. 599 (Mich. Ct. App. 1997) Cited 82 timesNoting that, generally, a contract is a fully integrated instrument and is to be interpreted by looking within the four corners of the document
Kampa v. White Consolidated Industries, Inc.
115 F.3d 585 (8th Cir. 1997) Cited 30 timesHolding the right to a jury trial attached to claims brought under the Missouri Human Rights Act because it permitted the recovery of actual and punitive damages even though the statute said the actions should be heard and determined by a judge sitting without a jury
Pro-Staffers v. Premier Manuf. Support Serv.
252 Mich. App. 318 (Mich. Ct. App. 2002) Cited 23 timesIn Pro-Staffers, the Michigan Court of Appeals decided that an employer whose employee was injured by a third-party tortfeasor could not sue the third party for damages in the form of increased worker's compensation premiums and lost profits.
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 160,289 times 196 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 92,835 times 91 Legal AnalysesFinding 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 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 42,087 times 144 Legal AnalysesHolding party seeking fees may additionally seek "nontaxable expenses"
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 20,058 times 10 Legal AnalysesHolding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion