28 Cited authorities

  1. Horton v. Potter

    369 F.3d 906 (6th Cir. 2004)   Cited 396 times
    Holding 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."
  2. Haskell v. Washington Township

    864 F.2d 1266 (6th Cir. 1988)   Cited 272 times
    Holding that "[i]f . . . the [zoning] action single out specifiable individuals and affect them differently from others, it is administrative"
  3. Hall v. Shipley

    932 F.2d 1147 (6th Cir. 1991)   Cited 237 times
    Holding 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"
  4. Scott v. Collins

    286 F.3d 923 (6th Cir. 2002)   Cited 168 times   1 Legal Analyses
    Holding Rule 4 does not give a district court "continuing" power to dismiss sua sponte after the Rule 4 period ends
  5. Sharkey v. Ultramar Energy Ltd.

    70 F.3d 226 (2d Cir. 1995)   Cited 150 times
    Holding that "[w]here an unauthorized party makes the determination, a denial of plan benefits is reviewed under the de novo standard"
  6. E.E.O.C. v. Harbert-Yeargin, Inc.

    266 F.3d 498 (6th Cir. 2001)   Cited 123 times
    Holding 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"
  7. Taxpayers United for Assessment Cuts v. Austin

    994 F.2d 291 (6th Cir. 1993)   Cited 100 times
    Holding 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
  8. Eyerman v. Mary Kay Cosmetics, Inc.

    967 F.2d 213 (6th Cir. 1992)   Cited 80 times   1 Legal Analyses
    Upholding express agreement which declared individual to be an independent contractor
  9. Knapp Shoes, Inc. v. Sylvania Shoe Mfg. Corp.

    15 F.3d 1222 (1st Cir. 1994)   Cited 74 times
    Noting objections to certification
  10. Morais v. Central Beverage Corp. Union Employees' Supplemental Retirement Plan

    167 F.3d 709 (1st Cir. 1999)   Cited 58 times
    Holding that similar release language was “not challenging, even for someone with only an eighth-grade education”
  11. 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. . . ."
  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,244 times   1237 Legal Analyses
    Holding 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"