22 Cited authorities

  1. Pioneer Investment Services Company v. Brunswick Associates Limited Partnership

    507 U.S. 380 (1993)   Cited 6,377 times   13 Legal Analyses
    Holding that clients must be held accountable for the acts and omissions of their attorneys
  2. Beacon Theatres v. Westover

    359 U.S. 500 (1959)   Cited 1,524 times   3 Legal Analyses
    Holding that in cases for both legal and equitable relief, the legal claims must be tried to a jury before the court can grant equitable relief
  3. Pereira v. Farace

    413 F.3d 330 (2d Cir. 2005)   Cited 137 times
    Holding that Great-West impacted Seventh Amendment analysis of restitution as legal or equitable remedy
  4. McGuire v. Russell Miller, Inc.

    1 F.3d 1306 (2d Cir. 1993)   Cited 154 times   1 Legal Analyses
    Holding that in a fee application based on contract, "the judge determines the amount of attorneys' fees owed . . . after the liability for such fees is decided at a trial, whether bench or jury"
  5. Brown v. Sandimo Materials

    250 F.3d 120 (2d Cir. 2001)   Cited 78 times
    Holding that a parallel claim in equity will not impair a plaintiff's right to a jury trial on its legal claims
  6. Raymond v. International Business Machines

    148 F.3d 63 (2d Cir. 1998)   Cited 52 times
    Holding that the district court should examine all relevant circumstances in considering whether a party has established excusable neglect, including "prejudice . . ., the reason for the delay, its duration, and whether the movant acted in good faith"
  7. Cascone v. Ortho Pharmaceutical Corp.

    702 F.2d 389 (2d Cir. 1983)   Cited 82 times
    Referring to § 4102(e) as "a broad grant of discretionary power."
  8. Wright v. Lewis

    76 F.3d 57 (2d Cir. 1996)   Cited 53 times
    Noting that the granting of in forma pauperis status "shifted the responsibility for serving the complaint from [the plaintiff] to the court"
  9. Higgins v. Boeing Co.

    526 F.2d 1004 (2d Cir. 1975)   Cited 72 times
    In Higgins, by contrast, the plaintiff originally filed in a state tribunal but was taken to a different jurisdiction, perhaps against his will, but, in any event, to a forum not of his choosing.
  10. Wells Fargo Bank, N.A. v. Bank of Am., N.A.

    11 Civ. 4062 (JPO) (S.D.N.Y. Jan. 31, 2013)   Cited 14 times
    Finding that the potential right to subrogation did not demonstrate that the defendant did not breach the provision in the agreement to provide a first prior lien free and clear of any liens, claims or encumbrances or the warranty that plaintiff had the ability to foreclose on the property and realize the benefits of a party with a first lien
  11. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 16,105 times   15 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system
  12. Rule 81 - Applicability of the Rules in General; Removed Actions

    Fed. R. Civ. P. 81   Cited 2,952 times   5 Legal Analyses
    Recognizing that the Federal Rules of Civil Procedure "apply to proceedings for habeas corpus . . . to the extent that the practice in those proceedings: is not specified in a federal statute, the Rules Governing Section 2254 Cases, or the Rules Governing Section 2255 Cases; and (B) has previously conformed to the practice in civil actions."
  13. Rule 38 - Right to a Jury Trial; Demand

    Fed. R. Civ. P. 38   Cited 1,977 times   8 Legal Analyses
    Explaining that a party waives its right to a jury trial by failing to properly request one
  14. Rule 39 - Trial by Jury or by the Court

    Fed. R. Civ. P. 39   Cited 1,549 times   6 Legal Analyses
    Granting the trial court the power to determine that "a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of the United States"