Horton v. Potter
369 F.3d 906 (6th Cir. 2004) Cited 402 timesHolding that responses to pleadings must contain all affirmative defenses and that "[f]ailure to plead an affirmative defense in the first responsive pleading to a complaint generally results in a waiver of that defense."
Haskell v. Washington Township
864 F.2d 1266 (6th Cir. 1988) Cited 281 timesHolding that "[i]f . . . the [zoning] action single out specifiable individuals and affect them differently from others, it is administrative"
Hall v. Shipley
932 F.2d 1147 (6th Cir. 1991) Cited 237 timesHolding that an officer who did not administer abuse could be liable for alleged abuse by another officer if the officer's "personal involvement" in the arrest goes beyond "mere presence" or "mere backup"
Scott v. Collins
286 F.3d 923 (6th Cir. 2002) Cited 173 times 1 Legal AnalysesHolding Rule 4 does not give a district court "continuing" power to dismiss sua sponte after the Rule 4 period ends
Sharkey v. Ultramar Energy Ltd.
70 F.3d 226 (2d Cir. 1995) Cited 150 timesHolding that "[w]here an unauthorized party makes the determination, a denial of plan benefits is reviewed under the de novo standard"
E.E.O.C. v. Harbert-Yeargin, Inc.
266 F.3d 498 (6th Cir. 2001) Cited 123 timesHolding that a same-sex hostile work environment claim failed as a matter of law where a co-worker twice grabbed the plaintiff's genitals because the plaintiff failed to demonstrate that he was discriminated against because of his sex even though the conduct "was the classic example of men behaving badly"
Taxpayers United for Assessment Cuts v. Austin
994 F.2d 291 (6th Cir. 1993) Cited 100 timesHolding Michigan Board's review of the contents of the petition signatures to determine whether they were valid and from registered voters was content-neutral and did not violate the First Amendment
Eyerman v. Mary Kay Cosmetics, Inc.
967 F.2d 213 (6th Cir. 1992) Cited 82 times 1 Legal AnalysesUpholding express agreement which declared individual to be an independent contractor
Knapp Shoes, Inc. v. Sylvania Shoe Mfg. Corp.
15 F.3d 1222 (1st Cir. 1994) Cited 74 timesNoting objections to certification
Morais v. Central Beverage Corp. Union Employees' Supplemental Retirement Plan
167 F.3d 709 (1st Cir. 1999) Cited 58 timesHolding that similar release language was “not challenging, even for someone with only an eighth-grade education”
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,307 times 197 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,909 times 1251 Legal AnalysesHolding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"