35 Cited authorities

  1. Parklane Hosiery Co. v. Shore

    439 U.S. 322 (1979)   Cited 4,230 times   8 Legal Analyses
    Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair
  2. Zivkovic v. Southern California Edison Co.

    302 F.3d 1080 (9th Cir. 2002)   Cited 2,144 times
    Holding that pro se plaintiff's good faith mistake of law amounted to mere inadvertence, and did not warrant relief from an untimely jury demand
  3. Schweiker v. Hansen

    450 U.S. 785 (1981)   Cited 710 times
    Holding that a Social Security manual did not bind the Social Security Administration because it is not a regulation and has “no legal force”
  4. Kaiser Aluminum, Etc. v. Avondale Shipyards

    677 F.2d 1045 (5th Cir. 1982)   Cited 1,960 times   2 Legal Analyses
    Holding that, when a counterclaim showed that a contract was executed outside the limitations period, the "counterclaim on its face appears to reveal the existence of an affirmative defense to it, which would make the granting of a Rule 12(b) dismissal proper"
  5. Costello v. United States

    365 U.S. 265 (1961)   Cited 1,000 times   3 Legal Analyses
    Holding a dismissal for failure to file an affidavit of good cause would be "without prejudice" under Fed. R. Civ. P. 41(b) because it was not decided on the merits and referring to the rule as "jurisdictional"
  6. U.S. v. Summerlin

    310 U.S. 414 (1940)   Cited 596 times   1 Legal Analyses
    Holding that the United States is not bound by state statutes of limitation when enforcing delinquent tax liabilities
  7. In re Rawson Food Service, Inc.

    846 F.2d 1343 (11th Cir. 1988)   Cited 270 times
    Holding that lack of possession in a reclamation case is not an affirmative defense because "possession is an integral element of a seller's reclamation claim" thus the so-called affirmative defense merely denies an element of the prima facie case
  8. S.E.C. v. Blavin

    760 F.2d 706 (6th Cir. 1985)   Cited 238 times
    Holding that the court possesses the equitable power to grant disgorgement of "a sum of money equal to all the illegal payments received"
  9. Clark v. Milam

    152 F.R.D. 66 (S.D.W. Va. 1993)   Cited 139 times
    Granting motion to strike as superfluous several "affirmative defenses [which] are in fact merely denials of Plaintiff's allegations"
  10. Securities & Exchange Commission v. Rind

    991 F.2d 1486 (9th Cir. 1993)   Cited 104 times   8 Legal Analyses
    Holding that punitive damage award would be excepted from discharge in bankruptcy under § 523
  11. 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 344,481 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 68,513 times   121 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
  13. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,619 times   139 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney
  14. Section 78aa - Jurisdiction of offenses and suits

    15 U.S.C. § 78aa   Cited 2,323 times   19 Legal Analyses
    Granting "[t]he district courts of the United States . . . exclusive jurisdiction [over] violations of [the Exchange Act of 1934] or the rules and regulations thereunder, and of all suits in equity and actions at law brought to enforce any liability or duty created by [the Exchange Act of 1934] or the rules and regulations thereunder."
  15. Section 78u - Investigations and actions

    15 U.S.C. § 78u   Cited 2,251 times   85 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Exchange Act
  16. Section 77v - Jurisdiction of offenses and suits

    15 U.S.C. § 77v   Cited 1,051 times   28 Legal Analyses
    Granting "concurrent" jurisdiction