§Why CasetextPricing

Schnall v. Annuity & Life, et al

Opposition re Renewed MOTION to Dismiss

13 Cited authorities

  1. Shrader v. CSX Transportation, Inc.

    70 F.3d 255 (2d Cir. 1995)   Cited 4,412 times
    Holding that court has no jurisdiction to review order where it is not mentioned in notice of appeal that expressly lists other orders

  2. Elmore v. Henderson

    227 F.3d 1009 (7th Cir. 2000)   Cited 453 times
    Holding that "a suit dismissed without prejudice is treated for statute of limitations purposes as if it had never been filed."

  3. U.S. v. Adegbite

    877 F.2d 174 (2d Cir. 1989)   Cited 107 times
    Holding that defendant's "deliberate evasiveness" in response to question "bespoke a consciousness of guilt"

  4. U.S. Ex. Rel. Precision Co v. Koch Industries

    31 F.3d 1015 (10th Cir. 1994)   Cited 80 times
    Holding that § 3730(b) does not prohibit all forms of joinder but only prevents permissive intervention in a relator's suit by unrelated parties under Fed.R.Civ.P. 24(b)

  5. Mejia v. Castle Hotel, Inc.

    164 F.R.D. 343 (S.D.N.Y. 1996)   Cited 37 times

    Employee sued her former employer and union for breach of collective bargaining agreement and breach of duty of fair representation. Defendants moved to dismiss on grounds that plaintiff failed to serve process within 120 days of filing complaint and plaintiff cross-moved for order enlarging time to serve process. The District Court, Sprizzo, J., held that it would exercise its discretionary authority to extend time period for service of process. Motion to dismiss denied. Michael O'Neill, New York

  6. Nassau County Ass'n of Insurance Agents, Inc. v. Aetna Life & Casualty Co.

    497 F.2d 1151 (2d Cir. 1974)   Cited 64 times
    Holding plaintiffs failed to comport with Rule 20

  7. Singh v. Prudential Ins. Co. of America, Inc.

    200 F. Supp. 2d 193 (E.D.N.Y. 2002)   Cited 7 times
    Construing motion to join city defendants from separate state court action as motion to amend complaint as matter of course

  8. U.S. v. Mills

    3:03CR00032 (DJS) (D. Conn. Jan. 8, 2004)   Cited 2 times

    3:03CR00032 (DJS) January 8, 2004 MEMORANDUM OF DECISION DOMINIC SQUATRITO, District Judge The United States has motioned this court to reconsider its ruling [doc. #35] granting defendant Gary Mills's motion to suppress statements he made to New Haven Police detectives on June 18, 2002. The Government raises two variations of a single argument in support of its motion. First, the government re-states a previous claim that the defendant's Sixth Amendment right to counsel had not attached at the time

  9. United States v. Commercial Bank of North America

    31 F.R.D. 133 (S.D.N.Y. 1962)   Cited 25 times
    Finding that Rule 21 governs when Rules 18, 19, and/or 20 are involved

  10. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    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

  11. Rule 59 - New Trial; Altering or Amending a Judgment

    Fed. R. Civ. P. 59   Cited 44,280 times   68 Legal Analyses
    Providing that a motion to alter or amend judgment must be filed within 28 days after entry of judgment

  12. Rule 21 - Misjoinder and Nonjoinder of Parties

    Fed. R. Civ. P. 21   Cited 7,615 times   14 Legal Analyses
    Granting district courts broad discretion when deciding whether to sever claims or to dismiss improperly joined claims or defendants

  13. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,592 times   52 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party