8 Cited authorities

Foman v. Davis
371 U.S. 178 (1962) Cited 29,223 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Evans v. Pearson Enterprises, Inc.
434 F.3d 839 (6th Cir. 2006) Cited 244 times
Holding that a plaintiff "failed to plead reliance sufficiently and therefore is unable to state a claim for fraud" despite alleging in "her complaint that she 'relied implicitly on the representations' "
Hageman v. Signal L. P. Gas, Inc.
486 F.2d 479 (6th Cir. 1973) Cited 313 times
Holding that futility is an important factor when considering a request to amend
Lawson v. Truck Drivers, Chauffeurs Helpers
698 F.2d 250 (6th Cir. 1983) Cited 51 times
In Lawson v. Truck Drivers, 698 F.2d 250 (6th Cir. 1983), decided two days before McConnell filed his complaint, we extended this rule to unfair representation claims brought against unions in Ohio.
Rule 41 - Dismissal of Actions
Fed. R. Civ. P. 41 Cited 112,111 times 198 Legal Analyses
Holding that such dismissal "operates as an adjudication on the merits"
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 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,742 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
Section 411 - Registration and civil infringement actions
17 U.S.C. § 411 Cited 1,512 times 134 Legal Analyses
In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.

TSDC, LLC v. Antoinette Galvan et al

8 Cited authorities

Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

Holding that a plaintiff "failed to plead reliance sufficiently and therefore is unable to state a claim for fraud" despite alleging in "her complaint that she 'relied implicitly on the representations' "

Holding that futility is an important factor when considering a request to amend

In Lawson v. Truck Drivers, 698 F.2d 250 (6th Cir. 1983), decided two days before McConnell filed his complaint, we extended this rule to unfair representation claims brought against unions in Ohio.

Holding that such dismissal "operates as an adjudication on the merits"

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

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.