20 Cited authorities

Henderson v. United States
517 U.S. 654 (1996) Cited 977 times 1 Legal Analyses
Holding that the 120-day provision in Rule 4 is not jurisdictional and may be extended at the discretion of the district court
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."
Intern. Controls Corp. v. Vesco
556 F.2d 665 (2d Cir. 1977) Cited 672 times
Holding that an amended complaint that must be served pursuant to Rule 5 does not become operative on filing, but only upon service
Hoffman, Etc. v. Beer Drivers Salesmen's
536 F.2d 1268 (9th Cir. 1976) Cited 139 times
Holding that a trial court retains jurisdiction to modify an injunction post-appeal “where the court supervises a continuing course of conduct and where as new facts develop additional supervisory action by the court is required”
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)
Greebel v. FTP Software, Inc.
939 F. Supp. 57 (D. Mass. 1996) Cited 72 times
Holding that only named plaintiffs, rather than all parties moving for appointment as lead plaintiff, need comply with the certification requirement
Puricelli v. CNA Insurance Company
185 F.R.D. 139 (N.D.N.Y. 1999) Cited 40 times
Finding a common question of law and fact when both plaintiffs alleged discriminatory actions that began after defendant took over their employer and implicated the same person as the "key player" in adverse employment decisions
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
California Public Employees' Retirement Sys. v. Chubb Corp.
127 F. Supp. 2d 572 (D.N.J. 2001) Cited 16 times
Finding a notice inadequate where it failed to disclose the caption of the case, the docket number, the judge to whom the case was assigned, the vicinage in which the judge sits, or the address of the Court because "an interested class member would not even know to which courthouse to go to examine a copy of the complaint" or "would not know before which judge an appropriate motion should be filed."
In re Storage Technology Corp. Sec. Lit.
630 F. Supp. 1072 (D. Colo. 1986) Cited 30 times
Dismissing a section 11 claim for failure to state a claim under rule 12(b) when none of the named plaintiffs alleged to have purchased any of the securities sold in the public offerings
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
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
Rule 20 - Permissive Joinder of Parties
Fed. R. Civ. P. 20 Cited 11,547 times 22 Legal Analyses
Granting courts authority to "issue orders-including an order for separate trials."
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
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
Section 78u - Investigations and actions
15 U.S.C. § 78u Cited 2,326 times 86 Legal Analyses
Granting the SEC the power to seek civil penalties for violations of the Exchange Act

Schnall v. Annuity & Life, et al

20 Cited authorities

Holding that the 120-day provision in Rule 4 is not jurisdictional and may be extended at the discretion of the district court

Holding that "a suit dismissed without prejudice is treated for statute of limitations purposes as if it had never been filed."

Holding that an amended complaint that must be served pursuant to Rule 5 does not become operative on filing, but only upon service

Holding that a trial court retains jurisdiction to modify an injunction post-appeal “where the court supervises a continuing course of conduct and where as new facts develop additional supervisory action by the court is required”

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)

Holding that only named plaintiffs, rather than all parties moving for appointment as lead plaintiff, need comply with the certification requirement

Finding a common question of law and fact when both plaintiffs alleged discriminatory actions that began after defendant took over their employer and implicated the same person as the "key player" in adverse employment decisions

Holding plaintiffs failed to comport with Rule 20

Dismissing a section 11 claim for failure to state a claim under rule 12(b) when none of the named plaintiffs alleged to have purchased any of the securities sold in the public offerings

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

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

Granting courts authority to "issue orders-including an order for separate trials."

Granting district courts broad discretion when deciding whether to sever claims or to dismiss improperly joined claims or defendants

Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

Granting the SEC the power to seek civil penalties for violations of the Exchange Act