500 U.S. 90 (1991) Cited 989 times 4 Legal Analyses
Holding that there is a presumption to apply state law "in areas in which private parties have entered legal relationships with the expectation that their rights and obligations would be governed by state-law standards"
Holding that the negligence of a driver did not negate a contractor's failure to safeguard an excavation site, and that "[b]ecause questions concerning what is foreseeable and what is normal may be the subject of varying inferences, as is the question of negligence itself, these issues generally are for the fact finder to resolve"
Fed. R. Evid. 201 Cited 19,190 times 23 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Defining an illegal gambling business as a gambling enterprise which violates state law, involves five or more persons, and remains in continuous operation for thirty or more days or has gross revenues of $2,000 or more on any single day
Stating that " director shall perform his duties as a director, including his duties as a member of a committee of the board on which he serves . . . In good faith; In a manner he reasonably believes to be in the best interests of the corporation; and With the care that an ordinarily prudent person in a like position would use under similar circumstances."