10,000+ Cases Found
(You may want to narrow your search further using our
search filters)
Civil Procedure
Sort by: Citation Count
Filter Search
Civil Procedure
106 S. Ct. 2505 (1986) | Cited 127775 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 ...
127 S.Ct. 1955 (2007) | Cited 123878 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 ...
92 S. Ct. 594 (1972) | Cited 32383 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 ...
951 F.2d 1153 (1991) | Cited 21764 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 ...
482 N.E.2d 701{Date}September 16 (1985) | Cited 16720 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: ...
83 S. Ct. 227 (1962) | Cited 14949 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 ...
82 S. Ct. 1386 (1962) | Cited 10216 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 ...
203 F.3d 1122 (2000) | Cited 9967 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 ...
82 S. Ct. 917 (1962) | Cited 9392 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 ...
935 F.2d 1106 (1991) | Cited 8238 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 ...
108 S. Ct. 2379 (1988) | Cited 8218 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 ...
507 U.S. 725 (1993) | Cited 7787 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 ...
718 F.2d 198 (1983) | Cited 7500 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 § ...
578 F.3d 203 (2009) | Cited 7288 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 ...
109 S. Ct. 1814 (1989) | Cited 7281 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 ...
102 S. Ct. 1198 (1982) | Cited 7108 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 ...
82 S. Ct. 993 (1962) | Cited 7035 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 ...
526 U.S. 137 (1999) | Cited 6340 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 ...
963 F.2d 1258 (1992) | Cited 6006 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 ...
528 F.2d 309 (1975) | Cited 5724 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 ...
523 U.S. 83 (1998) | Cited 5402 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 ...
97 S. Ct. 1621 (1977) | Cited 5185 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 ...
328 F.3d 1114 (2003) | Cited 5083 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 ...
745 F.2d 1221 (1984) | Cited 5049 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 ...
93 S. Ct. 375 (1972) | Cited 4751 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 ...
901 F.2d 387 (1990) | Cited 4570 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 ...
105 S. Ct. 1938 (1985) | Cited 4294 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, ...
120 S.Ct. 746 (2000) | Cited 4274 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 ...
935 F.2d 1015 (1991) | Cited 4247 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; ...
293 F.3d 103 (2002) | Cited 4216 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 ...
102 S. Ct. 1558 (1982) | Cited 4144 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 ...
111 S. Ct. 2123 (1991) | Cited 4002 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 ...
127 S.Ct. 2499 (2007) | Cited 3986 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 ...
67 S. Ct. 839 (1947) | Cited 3972 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 ...
125 S.Ct. 1517 (2005) | Cited 3952 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). ...
80 S. Ct. 1347 (1960) | Cited 3922 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 ...
132 F.3d 902 (1997) | Cited 3905 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 ...
250 F.3d 668 (2001) | Cited 3882 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 ...
829 F.2d 1370 (1987) | Cited 3725 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 ...
809 F.2d 1446 (1987) | Cited 3657 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 ...
126 S.Ct. 1235 (2006) | Cited 3605 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 ...
109 S. Ct. 1038 (1989) | Cited 3586 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 ...
123 S.Ct. 1690 (2003) | Cited 3446 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 ...
892 F.2d 15 (1989) | Cited 3377 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 ...
528 U.S. 470 (2000) | Cited 3310 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 ...
108 S. Ct. 2239 (1988) | Cited 3275 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 ...
885 F.2d 639 (1989) | Cited 3242 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 ...
974 F.2d 1050 (1992) | Cited 3206 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. ...
282 F.3d 147 (2002) | Cited 3185 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 ...
779 F.2d 1421 (1986) | Cited 3131 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 ...
84 S. Ct. 805 (1964) | Cited 3114 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 ...
125 S.Ct. 2641 (2005) | Cited 2991 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 ...
46 F.3d 52 (1995) | Cited 2942 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 ...
154 F.3d 952 (1998) | Cited 2940 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; ...
507 U.S. 163 (1993) | Cited 2905 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 ...
833 F.2d 128 (1987) | Cited 2855 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 ...
975 F.2d 604 (1992) | Cited 2780 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 ...
980 F.2d 564 (1992) | Cited 2730 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 ...
533 U.S. 167 (2001) | Cited 2630 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 ...
105 S. Ct. 830 (1985) | Cited 2603 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 ...
315 F.3d 1108 (2003) | Cited 2538 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 ...
856 F.2d 1439 (1988) | Cited 2530 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 ...
102 S. Ct. 700 (1982) | Cited 2488 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, ...
625 F.2d 227 (1980) | Cited 2469 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 ...
110 S. Ct. 2447 (1990) | Cited 2440 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 ...
94 S. Ct. 3090 (1974) | Cited 2440 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 ...
896 F.2d 1542 (1989) | Cited 2358 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 ...
782 F.2d 829 (1986) | Cited 2350 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 ...
126 S.Ct. 704 (2005) | Cited 2345 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, ...
708 F.2d 452 (1983) | Cited 2343 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 ...
857 F.2d 275 (1988) | Cited 2320 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 ...
104 F.3d 1133 (1997) | Cited 2273 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 ...
125 S.Ct. 2562 (2005) | Cited 2232 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 ...
98 S. Ct. 2380 (1978) | Cited 2228 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 ...
98 S. Ct. 2396 (1978) | Cited 2177 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 ...
839 F.2d 621 (1988) | Cited 2125 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 ...
102 S. Ct. 2099 (1982) | Cited 2118 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 ...
103 S. Ct. 400 (1982) | Cited 2091 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 ...
588 F.3d 186 (2009) | Cited 2048 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 ...
69 S. Ct. 85 (1948) | Cited 2044 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 ...
792 F.2d 4 (1986) | Cited 1977 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. ...
184 F.3d 236 (1999) | Cited 1975 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. ...
250 F.3d 729 (2001) | Cited 1974 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 ...
7 F.3d 1130 (1993) | Cited 1961 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 ...
97 S. Ct. 2569 (1977) | Cited 1960 times
... MR. JUSTICE MARSHALL delivered the opinion of the Court. The controversy in this case concerns the constitutionality of a Delaware statute that allows a court of that State to take jurisdiction of a lawsuit by sequestering any property of the defendant that happens to be located in Delaware. ...
213 F.3d 113 (2000) | Cited 1884 times
... Argued: November 16, 1999 Filed: May 19, 2000 OPINION OF THE COURT Stanford Shane, Otis Terrell, and Robert Stewart, prisoners at New Jersey's Northern State Prison, appeal the dismissal of their complaint under 42 U.S.C. S 1983 without leave to amend. We hold that, under the circumstances ...
1 F.3d 176 (1993) | Cited 1878 times
... Opinion OF THE COURT ROSENN, Circuit Judge. This appeal by two federal pretrial detainees housed under contract in the Allegheny County, Pennsylvania, jail raises the question whether an existing class action against the defendants provided the plaintiffs with all the relief afforded them for ...
363 F.3d 229 (2004) | Cited 1852 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, ...
526 U.S. 574 (1999) | Cited 1851 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 ...
5 F.3d 1255 (1993) | Cited 1842 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 ...
125 S.Ct. 2611 (2005) | Cited 1841 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 ...
313 U.S. 487 (1941) | Cited 1830 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 ...
85 S. Ct. 1136 (1965) | Cited 1829 times
... MR. CHIEF JUSTICE WARREN delivered the opinion of the Court. The question to be decided is whether, in a civil action where the jurisdiction of the United States district court is based upon diversity of citizenship between the parties, service of process shall be made in the manner prescribed by ...
109 S. Ct. 573 (1989) | Cited 1807 times
... JUSTICE MARSHALL delivered the opinion of the Court. In Wilson v. Garcia, 471 U.S. 261 (1985), we held that courts entertaining claims brought under 42 U. S. C. § 1983 should borrow the state statute of limitations for personal injury actions. This case raises the question of what limitations ...
782 F.2d 1470 (1986) | Cited 1807 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. ...
891 F.2d 458 (1989) | Cited 1803 times
... Opinion ANNOUNCING THE JUDGMENT OF THE COURT BECKER, Circuit Judge. I. A. Since the Supreme Court decided its summary judgment trilogy, 1 appellate courts have increasingly been called upon to engage in difficult line-drawing exercises to determine whether a nonmoving party has adduced ...
993 F.2d 776 (1993) | Cited 1780 times
... CORRECTED OPINION BIRCH, Circuit Judge: This consolidated appeal presents the first impression issues for this circuit of whether Houston v. Lack, 487 U.S. 266, 108 S. Ct. 2379, 101 L. Ed. 2d 245 (1988) should be extended to the filing of a pro se prisoner's initial complaint in a 42 U.S.C. § ...
281 F.3d 158 (2001) | Cited 1764 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 ...
99 S. Ct. 2264 (1979) | Cited 1749 times
... MR. JUSTICE BRENNAN delivered the opinion of the Court. Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), held that a "cause of action for damages" arises under the Constitution when Fourth Amendment rights are violated. The issue presented for decision in this case is ...
810 S.W.2d 372 (1991) | Cited 1726 times
... Opinion ON REHEARING ON COURT'S OWN MOTION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW We granted rehearing on our own motion in this cause and ordered the parties to re-brief and re-argue the issues with two particular questions in mind. First: once evidence of "other crimes, wrongs or acts" ...