13 Cited authorities

  1. Fogerty v. Fantasy, Inc.

    510 U.S. 517 (1994)   Cited 2,845 times   30 Legal Analyses
    Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
  2. Fantasy, Inc. v. Fogerty

    984 F.2d 1524 (9th Cir. 1993)   Cited 1,369 times   1 Legal Analyses
    Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action
  3. Talbot v. Robert Matthews Distributing Co.

    961 F.2d 654 (7th Cir. 1992)   Cited 445 times
    Holding that the NLRA preempts a RICO claim when "the underlying conduct of the plaintiffs' RICO claim is wrongful only by virtue of the labor laws"
  4. Williams v. Jader Fuel Co., Inc.

    944 F.2d 1388 (7th Cir. 1991)   Cited 367 times
    Recognizing this practice but leaving its propriety unaddressed before jumping to the merits
  5. United States v. 416.81 Acres of Land

    514 F.2d 627 (7th Cir. 1975)   Cited 173 times
    Analyzing a Rule 12(f) motion by "accepting as true the factual underpinnings of the [non-movant's] objections" to the motion
  6. Nwachukwu v. Karl

    216 F.R.D. 176 (D.D.C. 2003)   Cited 20 times
    Denying the plaintiff's request to strike an answer and portions thereof under Fed. R. Civ. P. 12(f) and rejecting a request to strike an answer based on "misconduct on the part of the defendant"
  7. Zwebner v. John Does Anonymous Foundation, Inc.

    No. CV-00-1322-HU (D. Or. Feb. 28, 2001)

    No. CV-00-1322-HU February 28, 2001 Renee E. Rothauge BULLIVANT HOUSER BAILEY Portland, Oregon Attorney for Plaintiff. George P. Fisher GEORGE P. FISHER, ATTORNEY AT LAW Portland, Oregon Attorney for Defendant John Does Anonymous Foundation, Inc. OPINION ORDER DENNIS JAMES HUBEL, Magistrate Judge: Plaintiff Michael Zwebner brings this tort action against defendants John Does Anonymous Foundation, Inc. (JDAF), and Does 1 through 100. Plaintiff alleges that the JDAF, which operates and maintains an

  8. Temperato v. Rainbolt

    22 F.R.D. 57 (E.D. Ill. 1958)   Cited 6 times

    Action to recover damages for breach of contract and to enjoin unfair trade practices. On motions to strike answer and demand for jury trial, the District Court, Juergens, J., held that because of gross violation of rules of pleading, Federal Rules of Civil Procedure, rules 8 and subd. (c), 9(c), 28 U.S.C.A., entire complaint should be stricken in the interest of justice, but that defendant was entitled to jury trial of legal issues raised by count of complaint seeking damages for breach of contract

  9. 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 349,819 times   936 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  10. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 158,269 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  11. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 110,185 times   197 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"
  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,652 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
  13. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,641 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure