Pennsylvania Dept. of Corrections v. Yeskey

Holding that text of Title II's prohibition of discrimination by "public entities" against disabled individuals "unmistakably includes State prisons and prisoners within its coverage"

Ins. Corp. of Ir. v. Compagnie Des Bauxites De Guinee

Holding that unlike subject matter jurisdiction, a defect in personal jurisdiction can be waived

Bumper v. North Carolina

Holding that acquiescence to a claim of lawful authority “cannot be consent”

Societe Nat. Ind. Aero. v. U.S. Dist. Court

Holding that "the Hague Convention did not deprive the District Court of the jurisdiction it would otherwise possess to order a foreign national party before it to produce evidence physically located within a signatory nation"

Horsley v. Feldt

Holding that the doctrine of "incorporation by reference" applies to motions under Rule 12(c) just as it applies to motions under Rule 12(b) because, if it were otherwise, "the conversion clause of [Rule 12(d) ] would be too easily circumvented and disputed documents attached to an answer would have to be taken as true at the pleadings stage"

McCready v. eBay, Inc.

Holding that without any indication that eBay acted in any fashion other than good faith, its compliance fell squarely within the statutory good-faith defense

Valdez v. Feltman

Holding that a refusal to consider an issue would result in a miscarriage of justice where the issue was of "transcending public importance"

Hawthorne v. Mac Adjustment, Inc.

Holding the obligation of a tortfeasor to pay damages is not "debt" under the FDCPA because it is not a "consensual or contractual arrangement" but rather amounts to a "damage obligation thrust upon one as a result of no more than her own negligence"

Benny v. Pipes

Holding that defendants had not appeared despite filing three motions for an extension of time to answer the complaint

United States v. Murdock

Holding that in the context of the criminal tax statute in question, "willfully" meant "prompted by bad faith or evil intent"

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 4 - Summons

Holding 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

Section 12 - Pleadings and Pretrial Motions

Permitting deferral on a finding of good cause

Section 2510 - Definitions

Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"

Section 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited

Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”

Section 2520 - Recovery of civil damages authorized

Permitting recovery of actual and punitive damages, as well as a reasonable attorney's fee and other costs of litigation reasonably incurred

Section 2701 - Unlawful access to stored communications

Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"

Section 2703 - Required disclosure of customer communications or records

Recognizing that these providers "shall disclose" such information "when the governmental entity uses an administrative subpoena authorized by a Federal or State statute"

Section 9-11-12 - Answer, defenses, and objections; when and how presented and heard; when defenses waived; stay of discovery

Listing defenses that are waived if not raised in initial response

Section 2707 - Civil action

Granting relief to those "aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind"

Section 1.20003 - Policies and procedures for employee supervision and control