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Civil Procedure
No. 05-1126
127 S.Ct. 1955 (2007) | Cited 153435 times
... 550 U. S. ____ (2007) Liability under §1 of the Sherman Act, 15 U. S. C. §1, requires a "contract, combination ... , or conspiracy, in restraint of trade or commerce." The question in this putative class action is whether a §1 complaint can survive a motion to dismiss when it alleges that major ...
No. 84-1602
106 S. Ct. 2505 (1986) | Cited 141570 times
... JUSTICE WHITE delivered the opinion of the Court. In New York Times Co. v. Sullivan, 376 U.S. 254, 279-280 (1964), we held that, in a libel suit brought by a public official, the First Amendment requires the plaintiff to show that in publishing the defamatory statement the defendant acted with ...
No. 70-5025
92 S. Ct. 594 (1972) | Cited 38794 times
... Petitioner, an inmate at the Illinois State Penitentiary, Menard, Illinois, commenced this action against the Governor of Illinois and other state officers and prison officials under the Civil Rights Act of 1871, 17 Stat. 13, 42 U. S. C. § 1983, and 28 U. S. C. § 1343 (3), seeking to recover ...
No. 89-15940
951 F.2d 1153 (1991) | Cited 26220 times
... REINHARDT, Circuit Judge: In 1983, Gilbert Martinez was tried in state court and convicted of numerous pizza parlor robberies. During the pretrial proceedings, the prosecution indicated that, should the defendant testify, it would seek to introduce as impeachment evidence the defendant's two prior ...
No. 41
83 S. Ct. 227 (1962) | Cited 17546 times
... MR. JUSTICE GOLDBERG delivered the opinion of the Court. Petitioner filed a complaint in the District Court alleging that, in exchange for petitioner's promise to care for and support her mother, petitioner's father had agreed not to make a will, thereby assuring petitioner of an intestate share ...
No. 1284 S 476No. 2-784-A-209
482 N.E.2d 701{Date}September 16 (1985) | Cited 16840 times
... SULLIVAN, J. Following a bench trial by the Howard County Court, Ronald J. Crose (Crose) was convicted of driving while intoxicated, as a class D felony, and sentenced to a one year suspended sentence. The judgment also placed him on two years of supervised probation. The issues on appeal are: ...
No. 97-16987
203 F.3d 1122 (2000) | Cited 14689 times
... FOR PUBLICATION OPINION Argued and Submitted October 21, 1999--San Francisco, California Concurrence by Judge Rymer; Dissent by Judge Sneed OPINION The Prison Litigation Reform Act of 1995 ("PLRA") provides that a district court "shall dismiss" an in forma pauperis complaint "if the court ...
No. 422
82 S. Ct. 1386 (1962) | Cited 14071 times
... MR. JUSTICE HARLAN delivered the opinion of the Court. Petitioner challenges, from the standpoint of both power and discretion, the District Court's sua sponte dismissal of this diversity negligence action under circumstances that follow. The action, growing out of a collision between ...
No. 90-6326
935 F.2d 1106 (1991) | Cited 12570 times
... LOGAN, Circuit Judge Pro se plaintiff Kenneth E. Hall, Jr. appeals the district court's dismissal of his claim that the policies and procedures of the Lexington Assessment and Reception Center (LARC), as well as the actions of LARC employees, violated his First Amendment right to free exercise of ...
No. 157
82 S. Ct. 917 (1962) | Cited 11716 times
... MR. CHIEF JUSTICE WARREN delivered the opinion of the Court. Tried and convicted in a Federal District Court for an offense against the United States, petitioner applied for leave to appeal his conviction to the Court of Appeals in forma pauperis. His application was denied. The case presents this ...
Nos. 01-10415, 01-10416
328 F.3d 1114 (2003) | Cited 9892 times
... FOR PUBLICATION Argued and Submitted March 27, 2003--San Francisco, California OPINION "Congress intended magistrates to play an integral and important role in the federal judicial system." Peretz v. United States, 501 U.S. 923, 928 (1991). We write to clarify the important role that magistrate ...
No. 87-5428
108 S. Ct. 2379 (1988) | Cited 9393 times
... JUSTICE BRENNAN delivered the opinion of the Court. Pro se prisoners can file notices of appeal to the federal courts of appeals only by delivering them to prison authorities for forwarding to the appropriate district court. The question we decide in this case is whether under Federal Rule of ...
No. 07-4285
578 F.3d 203 (2009) | Cited 8724 times
... PRECEDENTIAL ARGUED MAY 20, 2009 BEFORE: FUENTES, JORDAN, and NYGAARD, Circuit Judges. OPINION OF THE COURT In this appeal we are asked to determine whether the Appellant, Barbara Fowler, was too late in filing her discrimination claims against her employer, UPMC Shadyside Hospital. Fowler ...
No. 90-16834
963 F.2d 1258 (1992) | Cited 8488 times
... Order AND AMENDED OPINION CHOY, Circuit Judge: Appellant Michael Henry Ferdik appeals pro se the judgment of the District Court for the District of Arizona of November 5, 1990 dismissing his claim under 42 U.S.C. § 1983 after he violated a court order by failing to file a second amended complaint ...
No. 87-1490
109 S. Ct. 1814 (1989) | Cited 8457 times
... JUSTICE BRENNAN delivered the opinion of the Court. We are called upon to decide whether 28 U. S. C. § 1915(d) authorizes a federal court to require an unwilling attorney to represent an indigent litigant in a civil case. We hold that it does not. I Section 1915(d) provides: "The court may ...
No. 80-846
102 S. Ct. 1198 (1982) | Cited 8256 times
... JUSTICE O'CONNOR delivered the opinion of the Court, except as to Part III-C. In this case we consider whether the exhaustion rule in 28 U. S. C. §§ 2254(b), (c) requires a federal district court to dismiss a petition for a writ of habeas corpus containing any claims that have not been exhausted ...
No. 82-6070
718 F.2d 198 (1983) | Cited 8154 times
... WIDENER, Circuit Judge: This case presents the question of what action a district court must take upon a magistrate's proposed findings and recommendations on a dispositive motion under 28 U.S.C. § 636(b)(1)(B) when there is no objection made to the magistrate's proposal. The plaintiff in this § ...
No. 91-1306
507 U.S. 725 (1993) | Cited 7995 times
... JUSTICE O'CONNOR delivered the opinion of the Court. The question in this case is whether the presence of alternate jurors during jury deliberations was a "plain error" that the Court of Appeals was authorized to correct under Rule 52(b) of the Federal Rules of Criminal Procedure. I Each of the ...
No. 286
82 S. Ct. 993 (1962) | Cited 7412 times
... This is a civil antitrust suit by the Government challenging Diebold's acquisition of the assets of the Herring-Hall-Marvin Safe Company as being violative of § 7 of the Clayton Act. On motion of Diebold the District Court entered summary judgment against the Government on the ground that the ...
No. 97-1709
526 U.S. 137 (1999) | Cited 7337 times
... Opinion of the Court KUMHO TIRE CO. v. CARMICHAEL 526 U. S. ____ (1999) On Writ Of Certiorari To The United States Court Of Appeals For The Eleventh Circuit In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U. S. 579 (1993), this Court focused upon the admissibility of scientific expert ...
No. 96-643.
523 U.S. 83 (1998) | Cited 6422 times
... Alleging that petitioner manufacturer had violated the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) by failing to file timely toxic- and hazardous-chemical storage and emission reports for past years, respondent environmental protection organization filed this private ...
No. 75-1082
528 F.2d 309 (1975) | Cited 6347 times
... Robert Louis Roseboro, an inmate of the Central Prison in Raleigh, North Carolina, instituted this action under 42 U.S.C. § 1983 seeking declaratory and injunctive relief as well as damages for alleged violations of his constitutional rights. The district court granted the defendant's motion for ...
Nos. 83-3939, 83-3978
745 F.2d 1221 (1984) | Cited 6265 times
... BEFORE: SNEED, ALARCON, and NORRIS, Circuit Judges. ALARCON, Circuit Judge: This appeal involves a district court's dismissal of 41 actions filed by Harry Franklin, a prisoner pro se. To dispose of Franklin's appeal we must decide whether the district court erred by dismissing Franklin's in forma ...
No. 75-1693
97 S. Ct. 1621 (1977) | Cited 6222 times
... MR. JUSTICE STEWART delivered the opinion of the Court. The respondent, Gary Darrell Allison, an inmate of a North Carolina penitentiary, petitioned a Federal District Court for a writ of habeas corpus. The court dismissed his petition without a hearing, and the Court of Appeals reversed, ruling ...
No. 98-55807
250 F.3d 668 (2001) | Cited 5862 times
... FOR PUBLICATION Argued and Submitted September 13, 2000--Pasadena, California Filed February 14, 2001 Opinion Withdrawn May 4, 2001 ORDER The mandate issued April 5, 2001, is hereby recalled. The Opinion filed February 14, 2001 is withdrawn. OPINION This case arises out of the wrongful ...
No. 89-3253
901 F.2d 387 (1990) | Cited 5644 times
... CHAPMAN, Circuit Judge: The plaintiff/appellant, Clifton William Weller, appeals the dismissal of his suit for lack of subject matter jurisdiction. The district court dismissed the action sua sponte prior to service of process pursuant to Fed.R.Civ.P. 12(h)(3), for lack of federal jurisdiction. We ...
No. 99-3980
293 F.3d 103 (2002) | Cited 5342 times
... As amended June 14, 2002. PRECEDENTIAL Argued: April 6, 2001 OPINION OF THE COURT Norman Grayson, an inmate at various times of the three institutions named as defendants, brought this pro se damages action under 42 U.S.C. S 1983, alleging the defendants were deliberately indifferent to his ...
No. 90-55116
935 F.2d 1015 (1991) | Cited 5223 times
... CHOY, Circuit Judge Sammy Terrell, a federal prisoner proceeding pro se and in forma pauperis, appeals from a November 30, 1989 summary judgment order dismissing his action with prejudice. Terrell alleges that the district court erred by (1) denying Terrell's request for appointment of counsel; ...
No. 91-16385
980 F.2d 564 (1992) | Cited 4990 times
... Per Curiam: Frank D. Gaus appeals the district court's grant of summary judgment in favor of Mobay Corporation. 1 Gaus alleged breach of contract, intentional interference with contractual relationships, and intentional interference with prospective economic advantage. We vacate the judgment for ...
No. 90-256
111 S. Ct. 2123 (1991) | Cited 4964 times
... JUSTICE WHITE delivered the opinion of the Court. This case requires us to explore the scope of the inherent power of a federal court to sanction a litigant for bad-faith conduct. Specifically, we are asked to determine whether the District Court, sitting in diversity, properly invoked its ...
No. 71-586
93 S. Ct. 375 (1972) | Cited 4938 times
... MR. JUSTICE POWELL delivered the opinion of the Court. In 1965, after a jury trial in a Tennessee court, respondent was convicted of rape and was sentenced to 20 years' imprisonment. The State's evidence consisted in part of testimony concerning a station-house identification of respondent by the ...
No. 06-484
127 S.Ct. 2499 (2007) | Cited 4934 times
... 551 U. S. ____ (2007) This Court has long recognized that meritorious private actions to enforce federal antifraud securities laws are an essential supplement to criminal prosecutions and civil enforcement actions brought, respectively, by the Department of Justice and the Securities and Exchange ...
No. 98-1037
120 S.Ct. 746 (2000) | Cited 4923 times
... Opinion of the Court SMITH v. ROBBINS ____ U. S. ____ (2000) On Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit Not infrequently, an attorney appointed to represent an indigent defendant on appeal concludes that an appeal would be frivolous and requests that the ...
No. 80-1430
102 S. Ct. 1558 (1982) | Cited 4788 times
... JUSTICE O'CONNOR delivered the opinion of the Court. In Wainwright v. Sykes, 433 U.S. 72 (1977), we held that a state prisoner, barred by procedural default from raising a constitutional claim on direct appeal, could not litigate that claim in a § 2254 habeas corpus 1 proceeding without showing ...
No. 03-1696
125 S.Ct. 1517 (2005) | Cited 4699 times
... 544 U. S. ____ (2005) This case concerns what has come to be known as the Rooker-Feldman doctrine, applied by this Court only twice, first in Rooker v. Fidelity Trust Co., 263 U. S. 413 (1923), then, 60 years later, in District of Columbia Court of Appeals v. Feldman, 460 U. S. 462 (1983). ...
No. 83-2146
105 S. Ct. 1938 (1985) | Cited 4665 times
... JUSTICE STEVENS delivered the opinion of the Court. In this case we must determine the most appropriate state statute of limitations to apply to claims enforceable under § 1 of the Civil Rights Act of 1871, 1 which is codified in its present form as 42 U. S. C. § 1983.      On January 28, 1982, ...
No. 89-6031
892 F.2d 15 (1989) | Cited 4647 times
... This is a motion to dismiss an appeal from an order of the United States District Court for the Southern District of New York, Edelstein, J., granting defendant-appellee's motion to dismiss the complaint for lack of subject matter jurisdiction. Defendant-appellee Secretary of Health and Human ...
for the Eastern District of Pennsylvania (D.C. Civil Action No. 96-cv-04576)
132 F.3d 902 (1997) | Cited 4579 times
... Filed December 23, 1997 Argued July 24, 1997 OPINION OF THE COURT This civil rights action raises the question of what a plaintiff must plead in order to state a viable claim under the state-created danger theory of 42 U.S.C.A. Section(s) 1983 (West 1994 & Supp. 1997). The district court granted ...
No. 85-1742
829 F.2d 1370 (1987) | Cited 4570 times
... CELEBREZZE, Senior Circuit Judge. Defendant-appellant Detroit Federation of Teachers, Local 231, American Federation of Teachers, AFL-CIO ("DFT" or "the Union") appeals that portion of a district court's order which rejected a magistrate's recommendation that DFT be awarded attorney's fees ...
No. 04-944
126 S.Ct. 1235 (2006) | Cited 4483 times
... 546 U. S. ____ (2006) This case concerns the distinction between two sometimes confused or conflated concepts: federal-court "subject-matter" jurisdiction over a controversy; and the essential ingredients of a federal claim for relief. Title VII of the Civil Rights Act of 1964 makes it unlawful ...
No. 85-6235
809 F.2d 1446 (1987) | Cited 4401 times
... Before: Harry Pregerson, Dorothy W. Nelson and David R. Thompson, Circuit Judges. PREGERSON, Circuit Judge: William Noll, a federal prisoner, brought a Bivens -type 1 civil rights action pro se and in forma pauperis against four officials of the United States Bureau of Prisons. After Noll twice ...
No. 93
67 S. Ct. 839 (1947) | Cited 4207 times
... MR. JUSTICE JACKSON delivered the opinion of the Court. The questions are whether the United States District Court has inherent power to dismiss a suit pursuant to the doctrine of forum non conveniens and, if so, whether that power was abused in this case. The respondent-plaintiff brought this ...
No. 84-2708
779 F.2d 1421 (1986) | Cited 4202 times
... Before: DUNIWAY, TANG, and FLETCHER, Circuit Judges. TANG, Circuit Judge: After several explicit warnings, the district court dismissed this suit with prejudice upon the failure of plaintiff's counsel to submit a pretrial order in accordance with Local Rule 42(c) on or before the fourth extended ...
No. 90-16651
974 F.2d 1050 (1992) | Cited 4160 times
... REINHARDT, Circuit Judge: John McGuckin, an Arizona state prisoner, brought a pro se 42 U.S.C. § 1983 action against several prison medical authorities at the Arizona Department of Corrections (ADOC) and Dr. John C. Medlen, a private orthopedic specialist who does consulting work for the ADOC. ...
No. 95-15428
154 F.3d 952 (1998) | Cited 4125 times
... FOR PUBLICATION Appeal from the United States District Court for the Eastern District of California David F. Levi, District Judge, Presiding Argued and Submitted November 20, 1997--San Francisco, California Opinion by Judge Tashima; Concurrence by judge Reinhardt; Concurrence by Judge Thomas; ...
No. 443
80 S. Ct. 1347 (1960) | Cited 4090 times
... Opinion of the Court by MR. JUSTICE DOUGLAS, announced by MR. JUSTICE BRENNAN. Respondent transports steel and steel products by barge and maintains a terminal at Chickasaw, Alabama, where it performs maintenance and repair work on its barges. The employees at that terminal constitute a bargaining ...
No. 87-5677
109 S. Ct. 1038 (1989) | Cited 4078 times
... JUSTICE BLACKMUN delivered the opinion of the Court. In this case, we consider whether the "'plain statement' rule" of Michigan v. Long, 463 U.S. 1032, 1042, and n. 7 (1983), applies in a case on federal habeas review as well as in a case on direct review in this Court. We hold that it does. I ...
No. 01-1559
123 S.Ct. 1690 (2003) | Cited 4047 times
... Argued February 25, 2003 Petitioner, Joseph Massaro, was indicted on federal racketeering charges, including murder in aid of racketeering, 18 U. S. C. §1962(d), in connection with the shooting death of Joseph Fiorito. He was tried in the United States District Court for the Southern District of ...
No. 94-15489
46 F.3d 52 (1995) | Cited 3936 times
... Per Curiam: Cyrus Ghazali, a federal prisoner, appeals pro se from the district court's dismissal of his 42 U.S.C. § 1983 action alleging that his constitutional rights were violated while he was a pretrial detainee at the Clark County Detention Center. The district court dismissed Ghazali's ...
No. 90-15975
975 F.2d 604 (1992) | Cited 3876 times
... FERNANDEZ, Circuit Judge: Dairl Johnson 1 appeals the district court's denial of his motion to amend his complaint. The court found that Johnson failed to demonstrate circumstances that would permit joining an additional party after the joinder cut-off date, and granted summary judgment in favor ...
No. 88-1550
885 F.2d 639 (1989) | Cited 3802 times
... THOMPSON, Circuit Judge. Joseph Jackson appeals pro se the district court's judgment dismissing his action for damages against the State of Arizona and two prison officials. We have jurisdiction under 28 U.S.C. § 1291. We affirm in part, reverse in part and remand. BACKGROUND Jackson's complaint ...
No. 86-1908
108 S. Ct. 2239 (1988) | Cited 3799 times
... JUSTICE MARSHALL delivered the opinion of the Court. This case presents the issue whether a federal court sitting in diversity should apply state or federal law in adjudicating a motion to transfer a case to a venue provided in a contractual forum-selection clause. I The dispute underlying this ...
No. 98-1441
528 U.S. 470 (2000) | Cited 3796 times
... On Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit Opinion of the Court ROE v. FLORES-ORTEGA In this case we must decide the proper framework for evaluating an ineffective assistance of counsel claim, based on counsel's failure to file a notice of appeal without ...
No. 87-6146
896 F.2d 1542 (1989) | Cited 3748 times
... STEPHEN REINHARDT, Circuit Judge: This case involves the worldwide television rights to a number of Laurel and Hardy silent films ("the silent subjects"). Appellee's predecessor in interest, Hal Roach, Inc., and appellant Richard Feiner and Company, Inc. ("Feiner & Co.") entered into a written ...
Docket No. 01-7010
282 F.3d 147 (2002) | Cited 3745 times
... Argued: December 11, 2001 Appeal from a judgment of the United States District Court for the Southern District of New York (Jed S. Rakoff, Judge) dismissing plaintiffs' Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Vacated and remanded. Plaintiffs Lester ...
No. 85-2244
833 F.2d 128 (1987) | Cited 3676 times
... CHOY, Senior Circuit Judge: Ann Malone appeals the district court's decision, following Malone's violation of a pretrial order, to dismiss with prejudice her suit against the United States Postal Services. We affirm. BACKGROUND Ann Malone brought suit against the United States Postal Service ...
No. 04-6432
125 S.Ct. 2641 (2005) | Cited 3591 times
... 545 U. S. ____ (2005) After the federal courts denied petitioner habeas corpus relief from his state conviction, he filed a motion for relief from that judgment, pursuant to Federal Rule of Civil Procedure 60(b). The question presented is whether, in a habeas case, such motions are subject to the ...
Nos. 56 and 80
84 S. Ct. 805 (1964) | Cited 3560 times
... MR. JUSTICE GOLDBERG delivered the opinion of the Court. This case involves the construction and application of § 1404 (a) of the Judicial Code of 1948. Section 1404 (a), which allows a "change of venue" within the federal judicial system, provides that: "For the convenience of parties and ...
No. 86-4335
856 F.2d 1439 (1988) | Cited 3359 times
... Carey appeals the district court's dismissal without prejudice of his action brought pursuant to 42 U.S.C. § 1983 for failure to prosecute. He contends that the district court abused its discretion by dismissing his complaint sixty days after mail, addressed to him from the district court, was ...
No. 99-55623
250 F.3d 729 (2001) | Cited 3338 times
... FOR PUBLICATION Submitted March 7, 2001 1 Pasadena, California OPINION We must decide whether a complaint alleging bad faith execution of a municipal policy to indemnify police officers from punitive damage awards states a claim under 42 U.S.C. § 1983. Specifically, we are asked whether ...
No. 80-6845
102 S. Ct. 700 (1982) | Cited 3232 times
... Petitioner, who was then an inmate of the Arizona Department of Corrections Reception and Treatment Center, filed a crudely written complaint in the United States District Court for the District of Arizona, in which he alleged, inter alia, that he had been placed in solitary confinement on March 3, ...
No. 00-121
533 U.S. 167 (2001) | Cited 3144 times
... On Writ Of Certiorari To The United States Court Of Appeals For The Second Circuit Title 28 U. S. C. §2244(d)(2) (1994 ed., Supp. V) provides: "The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is ...
No. 00-16568
315 F.3d 1108 (2003) | Cited 3109 times
... FOR PUBLICATION Argued and Submitted December 4, 2001--San Francisco, California OPINION OPINION Appellant Earl Wayne Wyatt, a Rastafarian inmate, filed this 1983 action challenging the California Department of Corrections' hair length regulations as a violation of his constitutional and ...
No. 85-1674
792 F.2d 4 (1986) | Cited 3106 times
... Before Campbell, Chief Judge, Coffin, Circuit Judge, and Pettine,*fn* Senior District Judge. Per Curiam. Defendant-appellant withdrew his plea of not guilty and entered a plea of guilty to aiding and abetting possession with intent to distribute marijuana on board a vessel of the United States. ...
No. 91-1657
507 U.S. 163 (1993) | Cited 3079 times
... CHIEF JUSTICE REHNQUIST delivered the opinion of the Court. We granted certiorari to decide whether a federal court may apply a "heightened pleading standard" -- more stringent than the usual pleading requirements of Rule 8(a) of the Federal Rules of Civil Procedure -- in civil rights cases ...
No. 84-6524
782 F.2d 829 (1986) | Cited 3077 times
... Per Curiam Alphonso Thompson appeals from an order of dismissal with prejudice for failure to comply with the pretrial orders and rules of the district court. We find that the district judge did not abuse his discretion and therefore affirm. Thompson brought this action under Title VII. He ...
No. 93-55917
104 F.3d 1133 (1997) | Cited 3028 times
... FERNANDEZ, Circuit Judge: WMX Technologies, Inc. brought this action against Edwin L. Miller, the District Attorney of San Diego County, California, after Miller issued a report which was unfavorable to WMX. The district court dismissed WMX's claims, but gave leave to amend certain ones. WMX did ...
No. 81-5284
708 F.2d 452 (1983) | Cited 2987 times
... Order DENYING PETITION FOR REHEARING Because the lateness of the Petition for Rehearing was the result of representations by court personnel, we grant the motion to enlarge the time for filing of the petition. Our previous order denying the petition is withdrawn. Britt brought a civil rights ...
No. 88-8049
863 F.2d 835 (1989) | Cited 2976 times
... EDMONDSON, Circuit Judge: In this appeal we consider whether the damage suit of a pro se plaintiff proceeding in forma pauperis can be dismissed for failure to pay costs assessed as a penalty for unreasonable refusal to obey a discovery order. We believe such dismissals are permitted. Under the ...
No. 04-1140
126 S.Ct. 704 (2005) | Cited 2959 times
... 546 U. S. ____ (2005) A civil case commenced in state court may, as a general matter, be removed by the defendant to federal district court, if the case could have been brought there originally. 28 U. S. C. §1441 (2000 ed. and Supp. II). If it appears that the federal court lacks jurisdiction, ...
No. 83-1378
105 S. Ct. 830 (1985) | Cited 2912 times
... JUSTICE BRENNAN delivered the opinion of the Court. Douglas v. California, 372 U.S. 353 (1963), held that the Fourteenth Amendment guarantees a criminal defendant the right to counsel on his first appeal as of right. In this case,      we must decide whether the Due Process Clause of the ...
No. 86-6198
839 F.2d 621 (1988) | Cited 2869 times
... ALARCON, Circuit Judge: I. BACKGROUND Parviz Karim-Panahi (Karim-Panahi) appeals from the judgment of dismissal of his amended complaint with prejudice for failure to state a claim. On May 16, 1983, Karim-Panahi was arrested on misdemeanor charges of trespassing, Cal. Penal Code § 602 (l), and ...
No. 1, Misc.
69 S. Ct. 85 (1948) | Cited 2859 times
... MR. JUSTICE BLACK delivered the opinion of the Court. The questions presented chiefly involve the scope and application of the statute which authorizes a citizen to prosecute or defend actions in federal courts "without being required to prepay fees or costs or for the printing of the record in ...
Nos. 79-4160, 78-2483, 77-4009
625 F.2d 227 (1980) | Cited 2814 times
... In 1964, Olinda Associates, a partnership, appellant Ellis's predecessor in title to land located on the Island of Maui, defaulted on its purchase money note and the mortgagees, Lyman T. and Katsuyo Harada, brought suit for foreclosure of the mortgage. A decree of foreclosure and sale was entered ...
No. 04-563
125 S.Ct. 2562 (2005) | Cited 2804 times
... 545 U. S. ____ (2005) This case involves two federal prescriptions: the one-year limitation period imposed on federal habeas corpus petitioners by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U. S. C. §2244(d)(1); and the rule that pleading amendments relate back to the ...
No. 88-1070
857 F.2d 275 (1988) | Cited 2750 times
... JOHNSON, Circuit Judge: Plaintiff Benito Rodriguez appeals an order by the district court granting the Secretary of Health and Human Services' motion for summary judgment and affirming the Secretary's denial of Rodriguez's claim for disability benefits. We find that the Secretary's decision to ...
No. 89-275
110 S. Ct. 2447 (1990) | Cited 2623 times
... This case presents three issues related to the application of Rule 11 of the Federal Rules of Civil Procedure: whether a district court may impose Rule 11 sanctions on a plaintiff who has voluntarily dismissed his complaint pursuant to Rule 41(a)(1)(i) of the Federal Rules of Civil Procedure; what ...
No. 84-4230
782 F.2d 1470 (1986) | Cited 2616 times
... Before: WRIGHT, CANBY and WIGGINS, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge. FACTS This action arose out of the breakdown in an attorney-client relationship between Eitel and McCool late in 1983. Eitel filed a complaint against McCool with the Washington State Bar Association in 1984. ...
No. 77-677
98 S. Ct. 2396 (1978) | Cited 2613 times
... MR. JUSTICE STEWART delivered the opinion of the Court. In an action in which federal jurisdiction is based on diversity of citizenship, may the plaintiff assert a claim against a third-party defendant when there is no independent basis for federal jurisdiction over that claim? The Court of ...
No. 73-1766
94 S. Ct. 3090 (1974) | Cited 2600 times
... MR. CHIEF JUSTICE BURGER delivered the opinion of the Court. This litigation presents for review the denial of a motion, filed in the District Court on behalf of the President of the United States, in the case of United States v. Mitchell (D.C. Crim. No. 74-110), to quash a third-party subpoena ...
No. 77-335
98 S. Ct. 2380 (1978) | Cited 2583 times
... MR. JUSTICE POWELL delivered the opinion of the Court. Respondents are the representative plaintiffs in a class action brought under Fed. Rule Civ. Proc. 23 (b)(3). They sought to require petitioners, the defendants below, to help compile a list of the names and addresses of the members of the ...
No. 91-36275, No. 92-35127, No. 92-35549, No. 92-35552, No. 92-35553, No. 92-35554, No. 92-35555
5 F.3d 1255 (1993) | Cited 2560 times
... THOMPSON, Circuit Judge: These consolidated appeals arise from complaints filed by School District 1J, Multnomah County, Oregon (the "School District"). The School District sought to recover the cost of removing asbestos-containing products from over 100 school buildings. The defendants are ...
No. 11-16335
680 F.3d 1113 (2012) | Cited 2553 times
... FOR PUBLICATION OPINION Argued and Submitted April 17, 2012-San Francisco, California Before: Mary M. Schroeder, Diarmuid F. O'Scannlain, and Susan P. Graber, Circuit Judges. Opinion by Judge Graber OPINION Plaintiff Steven Hairl Wilhelm filed a pro se complaint, under 42 U.S.C. § 1983, ...
No. 97-3671NO. 98-3499
184 F.3d 236 (1999) | Cited 2536 times
... Filed July 12, 1999 ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA District Judge: The Honorable D. Brooks Smith Argued April 5, 1999 * Hon. Arthur L. Alarcon, Senior Judge, United States Court of Appeals for the Ninth Circuit, sitting by designation. ...
No. 85-2058
780 F.2d 1334 (1985) | Cited 2454 times
... Before ROSS, McMILLIAN and FAGG, Circuit Judges. McMILLIAN, Circuit Judge. Allen F. Martin appeals pro se from a district court 1 order dismissing his complaint for failure to state a claim. Appellant brought his claims under 42 U.S.C. § 1983 seeking declaratory, injunctive and monetary relief ...
No. 83-5510
789 F.2d 1328 (1986) | Cited 2444 times
... Before: NELSON, BOOCHEVER, and REINHARDT, Circuit Judges NELSON, Circuit Judge: Wilborn appeals a grant of summary judgment for defendants Rushen and Escalderon in his 42 U.S.C. § 1983 action for deprivation of property without due process. Before summary judgment was granted, Wilborn had ...
No. 81-440
102 S. Ct. 2099 (1982) | Cited 2441 times
... JUSTICE WHITE delivered the opinion of the Court. Rule 37(b), Federal Rules of Civil Procedure, provides that a district court may impose sanctions for failure to comply with discovery orders. Included among the available sanctions is: "An order that the matters regarding which the order was made ...
No. 10-16778
668 F.3d 1108 (2012) | Cited 2440 times
... FOR PUBLICATION OPINION Argued and Submitted November 18, 2011-San Francisco, California Before: Jerome Farris, John T. Noonan, and Carlos T. Bea, Circuit Judges. Opinion by Judge Farris; Partial Concurrence and Partial Dissent by Judge Noonan OPINION Petitioner Raymond Watison, who is ...
No. 08-1908
588 F.3d 186 (2009) | Cited 2392 times
... PUBLISHED Argued: September 23, 2009 Before NIEMEYER and SHEDD, Circuit Judges, and Mark S. DAVIS, United States District Judge for the Eastern District of Virginia, sitting by designation. Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Shedd and Judge Davis ...
No. 94-1425
46 F.3d 1298 (1995) | Cited 2364 times
... COWEN, Circuit Judge. This appeal arises from an order dismissing a personal injury suit without prejudice after the plaintiff failed to serve a summons upon the defendant within 120 days of filing the complaint as required by Rule 4 of the Federal Rules of Civil Procedure. The issue of whether, ...
No. 98-470
526 U.S. 574 (1999) | Cited 2364 times
... Ginsburg, J., delivered the opinion for a unanimous Court. Opinion of the Court RUHRGAS AG v. MARATHON OIL CO. ____ U. S. ____ (1999) On Writ Of Certiorari To The United States Court Of Appeals For The Fifth Circuit This case concerns the authority of the federal courts to adjudicate ...
No. 82-5082
103 S. Ct. 400 (1982) | Cited 2355 times
... The petition for certiorari questions the validity of a notice of appeal filed after the entry of the District Court's judgment but while the appellant's motion to alter or amend that judgment remained pending in the District Court.      The petitioners brought this civil action in the United ...
No. 20603
375 F.2d 55 (1967) | Cited 2293 times
... BYRNE, District Judge. Appellant, an inmate of Washington State Penitentiary, filed an in forma pauperis complaint with the United States District Court for the Eastern District of Washington, seeking damages in the amount of $1,500,000.00 from the State of Washington and several individuals, ...
Nos. 04-70 and 04-79
125 S.Ct. 2611 (2005) | Cited 2289 times
... 545 U. S. ____ (2005) These consolidated cases present the question whether a federal court in a diversity action may exercise supplemental jurisdiction over additional plaintiffs whose claims do not satisfy the minimum amount-in-controversy requirement, provided the claims are part of the same ...
No. 01-20079
281 F.3d 158 (2001) | Cited 2241 times
... As amended January 29, 2002 Appeals from the United States District Court for the Southern District of Texas John Thomas Cloud ("Appellant") appeals the district court's dismissal of Appellant's action against the United States ("Appellee") for malicious prosecution and other prosecutorial ...
No. 03-2683
363 F.3d 229 (2004) | Cited 2237 times
... PRECEDENTIAL Argued January 15, 2004 OPINION OF THE COURT At the end of Gary Marshall Alston's 17-year sentence in a New Jersey prison, he was involuntarily committed to Greystone Park Psychiatric Hospital. While there, Alston sued various Greystone employees in a pro se § 1983 complaint, ...
No. 07-371
128 S.Ct. 2161 (2008) | Cited 2205 times
... Opinion of the Court 553 U. S. ____ (2008) "It is a principle of general application in Anglo-American jurisprudence that one is not bound by a judgment in personam in a litigation in which he is not designated as a party or to which he has not been made a party by service of process." Hansberry ...
No. 93-1041
7 F.3d 1130 (1993) | Cited 2190 times
... MURNAGHAN, Circuit Judge: Plaintiff-appellant Mylan Laboratories, Inc. ("Mylan") has appealed the dismissal of its Third Amended Complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). The district court dismissed all of Mylan's claims with prejudice. On ...
No. 94-17102, No. 94-17104
70 F.3d 1103 (1995) | Cited 2176 times
... RYMER, Circuit Judge: Two groups of plaintiffs, Jewel Cato, Joyce Cato, Howard Cato and Edward Cato; and Leerma Patterson, Charles Patterson, and Bobbie Trice Johnson (collectively "Cato"), filed nearly identical complaints in forma pauperis against the United States for damages due to the ...
No. 741
313 U.S. 487 (1941) | Cited 2160 times
... Argued May 1, 2, 1941 Hughes, Stone, Roberts, Black, Reed, Frankfurter, Douglas, Murphy The principal question in this case is whether in diversity cases the federal courts must follow conflict of laws rules prevailing in the states in which they sit. We left this open in Ruhlin v. New York Life ...
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