10 Cited authorities

Hishon v. King Spalding
467 U.S. 69 (1984) Cited 12,518 times 7 Legal Analyses
Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job
General Elect. Capital v. Lease Resolution
128 F.3d 1074 (7th Cir. 1997) Cited 1,539 times 1 Legal Analyses
Holding that constructive fraudulent transfer pleadings complied with Rule 9(b) where the complaint alleged that the transferor did not receive reasonably equivalent value and that the transfers "rendered [the transferor] insolvent and effectively precluded" it from paying its debts
Bly-Magee v. California
236 F.3d 1014 (9th Cir. 2001) Cited 1,168 times 1 Legal Analyses
Holding leave to amend should have been "freely given" pursuant to Rule 15 even though plaintiff failed in first amended complaint to plead fraud with specificity required by Rule 9(b)
Massachusetts School of Law v. American Bar
142 F.3d 26 (1st Cir. 1998) Cited 728 times 2 Legal Analyses
Holding that the defendants who "were parties to the precursor litigation" were sufficiently identical, though the current action added additional new parties
U.S., ex Rel. Mccarthy v. Straub Clinic and Hosp.
140 F. Supp. 2d 1062 (D. Haw. 2001) Cited 11 times
Holding that § 3732 addresses only venue and does not alter the standard state-specific test for personal jurisdiction
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 333,232 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 160,289 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 92,835 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,551 times 328 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

The Frances Kenny Family Trust et al v. World Savings Bank, FSB et al

10 Cited authorities

Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

Holding that constructive fraudulent transfer pleadings complied with Rule 9(b) where the complaint alleged that the transferor did not receive reasonably equivalent value and that the transfers "rendered [the transferor] insolvent and effectively precluded" it from paying its debts

Holding leave to amend should have been "freely given" pursuant to Rule 15 even though plaintiff failed in first amended complaint to plead fraud with specificity required by Rule 9(b)

Holding that the defendants who "were parties to the precursor litigation" were sufficiently identical, though the current action added additional new parties

Holding that § 3732 addresses only venue and does not alter the standard state-specific test for personal jurisdiction

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Requiring that fraud be pleaded with particularity

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"