39 Cited authorities

United States v. Ron Pair Enterprises, Inc.
489 U.S. 235 (1989) Cited 4,590 times 16 Legal Analyses
Holding that where Congress expresses its intent "with sufficient precision," then "reference to legislative history and to pre-Code practice is hardly necessary"
Glover v. United States
531 U.S. 198 (2001) Cited 1,715 times 4 Legal Analyses
Holding an error that increased a petitioner's sentence "by at least 6 months and perhaps by 21 months" amounted to prejudice
Hickman v. Taylor
329 U.S. 495 (1947) Cited 6,528 times 31 Legal Analyses
Holding in the context of the work product privilege that the adversary system requires a party's attorney be permitted to “assemble information, sift what he considers to be the relevant from the irrelevant facts, prepare his legal theories and plan his strategy without undue and needless interference”
Ware v. Rodale Press, Inc.
322 F.3d 218 (3d Cir. 2003) Cited 1,259 times
Holding that "irremediable harm" is not required
Hartsel v. Keys
87 F.3d 795 (6th Cir. 1996) Cited 1,242 times 1 Legal Analyses
Holding that the employee's subjective belief as to why she was terminated fails to satisfy the summary judgment standard
Allen v. Muskogee, Oklahoma
119 F.3d 837 (10th Cir. 1997) Cited 1,190 times 1 Legal Analyses
Holding a rational jury could conclude officers' reckless conduct created lethal situation and that would constitute a violation of a decedent's Fourth Amendment rights
Briscoe v. Klaus
538 F.3d 252 (3d Cir. 2008) Cited 796 times
Holding that, under Poulis analysis, claims that survived summary judgment stage of litigation are deemed to have merit
Ricketts v. Adamson
483 U.S. 1 (1987) Cited 436 times
Holding that a defendant may waive double jeopardy protections
Goodman v. Mead Johnson Co.
534 F.2d 566 (3d Cir. 1976) Cited 1,012 times
Finding that deemed admission was properly considered in motion for summary judgment
Caminetti v. United States
242 U.S. 470 (1917) Cited 1,912 times 1 Legal Analyses
Holding that importation of a woman for immoral purposes may constitutionally be regulated even when it is not for material gain
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 331,402 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 96,831 times 669 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 49,437 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 46,648 times 324 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Fed. R. Civ. P. 34 Cited 13,347 times 151 Legal Analyses
Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."
Section 552 - Public information; agency rules, opinions, orders, records, and proceedings
5 U.S.C. § 552 Cited 12,240 times 557 Legal Analyses
Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party
Rule 33 - Interrogatories to Parties
Fed. R. Civ. P. 33 Cited 11,054 times 22 Legal Analyses
Adopting Rule 30(b)
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,165 times 17 Legal Analyses
Making affidavits and declarations effectively synonymous
Rule 36 - Requests for Admission
Fed. R. Civ. P. 36 Cited 6,174 times 12 Legal Analyses
Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"

Rosiere v. United States of America

39 Cited authorities

Holding that where Congress expresses its intent "with sufficient precision," then "reference to legislative history and to pre-Code practice is hardly necessary"

Holding an error that increased a petitioner's sentence "by at least 6 months and perhaps by 21 months" amounted to prejudice

Holding that "irremediable harm" is not required

Holding that the employee's subjective belief as to why she was terminated fails to satisfy the summary judgment standard

Holding a rational jury could conclude officers' reckless conduct created lethal situation and that would constitute a violation of a decedent's Fourth Amendment rights

Holding that, under Poulis analysis, claims that survived summary judgment stage of litigation are deemed to have merit

Holding that a defendant may waive double jeopardy protections

Finding that deemed admission was properly considered in motion for summary judgment

Holding that importation of a woman for immoral purposes may constitutionally be regulated even when it is not for material gain

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Adopting Fed.R.Civ.P. 37

Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

Holding that a party may be barred from using a witness if it fails to disclose the witness

Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."

Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party

Adopting Rule 30(b)

Making affidavits and declarations effectively synonymous

Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"