Citation3440 U.S. 715, 99 S. Ct. 1448, 59 L. Ed. 2d 711, 1979 U.S. Brief Fact Summary. This case involves two competing security interests in the property of O.K. Super Markets, Inc. Both interests were perfected pursuant to the Texas Commercial Code. Synopsis of Rule of Law. When there is little need for a nationally uniform body of law, state law may be incorporated as the federal rule of decision. ...
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Shaffer v. Heitner
Citation433 U.S. 186, 97 S. Ct. 2569, 53 L. Ed. 2d 683, 1977 U.S. Brief Fact Summary. Heitner (Appellee), a nonresident of Delaware, was the owner of one share of stock in the Greyhound Corp., a business incorporation under the laws of Delaware, with its principal place of business in Phoenix, Arizona. On May 22, 1974, Appellee filed a shareholder’s derivative suit in the Court of Chancery for New Castle County, Delaware, and named as defendants both Greyhound and twenty-eight present or former directors of either Greyhound Corp. or Greyhound Lines, Inc.(Greyhound), the subsidiary corpo ...
Pennoyer v. Neff
Citation95 U.S. 714, 5 Otto 714, 24 L. Ed. 565 (1878) Brief Fact Summary. This case arises from the initial action taken by J.H. Mitchell (Plaintiff) against Pennoyer (Defendant) in Oregon, for the alleged nonpayment of legal fees. A default judgment was entered against Pennoyer, a nonresident of Oregon, after notice by publication. The second action is a suit by Pennoyer (Plaintiff) to recover possession of a tract of land, which Neff (Defendant) acquired under a sheriff’s deed, made upon sale of property on execution issued upon a judgment recovered against Pennoyer in the prior acti ...
Ross v. Bernhard
Citation22 Ill.396 U.S. 531, 90 S. Ct. 733, 24 L. Ed. 2d 729 (1970) Brief Fact Summary. Plaintiffs brought this derivative action in federal court against the directors of Lehman Brother (Defendants). Synopsis of Rule of Law. The Seventh Amendment guarantees the right to a jury trial in stockholders’ derivative actions in which the corporation would be entitled to a jury trial. ...
Beacon Theatres, Inc. v. Westover
Citation22 Ill.359 U.S. 500, 79 S. Ct. 948, 3 L. Ed. 2d 988 (1959) Brief Fact Summary. Beacon Theatres, Inc. (Plaintiff) sought by writ of mandamus to review a district court decision to vacate certain orders alleged to deprive it of a jury trial of issues arising out of case brought against it by Fox West Coast Theatres, Inc. (Plaintiff). The United States Court of Appeals for the Ninth Circuit refused the writ, holding that the trial court acted with proper discretion in denying Defendant’s request for a jury trial. The Supreme Court of the United States granted certiorari. Synopsis ...
Cine Forty-Second Street Theatre Corp. v. Allied Artists Pictures Corp
Citation602 F.2d 1062, 1979 U.S. App. 1979-2 Trade Cas. (CCH) P62,778; 27 Fed. R. Serv. 2d (Callaghan) 828 Brief Fact Summary. Cine Forty-Second Street Theatre Corporation (Appellee) operated a movie theatre in New York City. Appellee failed to comply with numerous court orders regarding the answering of Allied Artists Pictures Corporations (Appellants) interrogatories on the issue of damages. Synopsis of Rule of Law. A grossly negligent failure to obey a court order compelling discovery is sufficient to substantiate severe disciplinary measures under Rule 37 of the Federal Rules of Civil P ...
Clark v. Associates Commercial Corp
Citation149 F.R.D. 629, 1993 U.S. Dist. 27 Fed. R. Serv. 3d (Callaghan) 811; 26 U.C.C. Rep. Serv. 2d (Callaghan) 596 Brief Fact Summary. Clark (Plaintiff) sued Associates Commercial Corporation (Defendant) for damages to his person and property due to Defendant’s repossession by force of a tractor that was collateral for a loan made to the Plaintiff. Defendants filed a third party complaint seeking indemnity from its employees and two parties that assisted in the repossession. Third party defendants moved to dismiss the third party complaint and Plaintiff moved to strike the third part ...
Swartz v. Gold Dust Casino, Inc
Citation91 F.R.D. 543, 1981 U.S. Dist. 32 Fed. R. Serv. 2d (Callaghan) 1385 View this case and other resources at: Brief Fact Summary. Cavanaugh Properties Defendant moved for Judgment on the Pleadings on the grounds that the two-year Nevada statute of limitations is applicable to personal injuries caused by negligence. Synopsis of Rule of Law. When a newly added defendant is aware of the litigation and knows that the plaintiff may hold him liable, the amended complaint will be within the statutory period. ...
Cash Energy, Inc. v. Weiner
Citation768 F. Supp. 892, 1991 U.S. Dist. 22 ELR 20658 Brief Fact Summary. Plaintiffs sought to recover clean-up costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from defendant corporations (Defendants). Synopsis of Rule of Law. A complaint alleging environmental claims has a high specificity of pleading requirement. ...
Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit
Citation954 F.2d 1054 (5th Cir. 1992) Brief Fact Summary. Plaintiffs sought to recover clean-up costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) from defendant corporations (Defendants). Synopsis of Rule of Law. A complaint alleging environmental claims has a high specificity of pleading requirement. ...
Mitchell v. Archibald & Kendall, Inc
Citation573 F.2d 429, 1978 U.S. App. Brief Fact Summary. Lawrence and Algerie Mitchell (Plaintiffs) appeal from a judgment dismissing their cause of action for failure to state a claim. The complaint sought damages for injuries suffered by the Plaintiffs as a result of Archibald & Kendall, Incorporated’s (Defendant) negligence. Synopsis of Rule of Law. When deciding whether a Motion to Dismiss was properly granted, the court is only required to accept well-pleaded facts as true without considering any new legal theory presented by Plaintiffs. ...
Allen v. McCurry
Citation22 Ill.449 U.S. 90, 101 S. Ct. 411, 66 L. Ed. 2d 308 (1980) Brief Fact Summary. McCurry was arrested and charged under state law with possession of heroin. He sought to have evidence excluded in the state criminal proceedings under the Fourth Amendment unreasonable search and seizure provisions. He lost on this issue, but after he was convicted, McCurry attempted to bring this federal civil rights action against the police officers conducting the search. Synopsis of Rule of Law. Collateral estoppel does not apply where the party against whom an earlier court decision is asserted di ...
In re Multidistrict Civil Actions Involving the Air Crash Disaster Near Dayton, Ohio, On March 9, 1967
Citation386 F. Supp. 908 Brief Fact Summary. The Defendants, TWA, Inc and Tann Company (Defendants), were sued in multiple lawsuits stemming from a mid-air plane crash. In one case where Tann Company was cleared of any liability, Tann Company sought to invoke collateral estoppel as to any other cases where its negligence was to be litigated. This included lawsuits against nonparties to the litigation where Tann Company had not been found negligent. Synopsis of Rule of Law. Collateral estoppel may be applied against parties who were not in a previous litigation. ...
Ralph Wolff & Sons v. New Zealand Insurance Company
Citation22 Ill.248 Ky. 304, 58 S.W.2d 623 (1933) Brief Fact Summary. In a prior action, the Plaintiff, Ralph Wolf & Sons (Plaintiff), sued nine of its twelve insurance carriers for damages sustained to its property. The jury awarded the Plaintiff an amount and made it proportional to the amounts in those nine policies. The Plaintiff then brought the present action against another two of its insurance carriers who defended that the Plaintiff was estopped from bringing the action by reason of the previous action. Synopsis of Rule of Law. As essential element to prove collateral estoppel ...
Parklane Hosiery Co. v. Shore
Citation22 Ill.439 U.S. 322, 99 S. Ct. 645, 58 L. Ed. 2d 552 (1979) Brief Fact Summary. The Respondent, Shore (Respondent), brought a shareholder’s derivative suit against the Petitioner, Parklane Hosiery Co. (Petitioner) and sought to collaterally estop the Petitioner corporation from re-litigating factual issues that a prior Securities and Exchange Commission (SEC) judgment had found it guilty of. Synopsis of Rule of Law. Trial court judges have broad discretion to allow application of offensive collateral estoppel in cases where the Plaintiff could not have easily joined in the ea ...
Hanover Logansport, Inc. v. Robert C. Anderson, Inc
Citation22 Ill.512 N.E.2d 465 (Ind. Ct. App. 1987) Brief Fact Summary. Parties entered into a lease agreement where the Plaintiff, Hanover Logansport, Inc. (Plaintiff), failed to deliver the premises on time and the Defendant, Robert C. Anderson, Inc. (Defendant), sued for breach. The Plaintiff offered the premises to the Defendant before trial and the Defendant agreed with the stipulation that it only accepted the premises for the purposes of mitigation and not for settlement of damages. The Defendant brought an action later asking for money damages and the Plaintiff, here appealed stating ...
Rush v. City of Maple Heights
Citation22 Ill.167 Ohio St. 221, 147 N.E.2d 599 (1958) Brief Fact Summary. The Plaintiff, Rush (Plaintiff), brought suit in one court for damages to her property resulting from the Defendant, the City of Maple Height’s (Defendant), negligence and another suit in a different court for personal injuries suffered from the same negligent action. Synopsis of Rule of Law. It is improper to bring different claims for damages to property and person, which arose, from the same tort. ...
Griggs v. Miller
Citation22 Ill.374 S.W.2d 119 (Mo. 1963) Brief Fact Summary. The Defendant, Brookshire/Miller (Defendant) appealed from affirmation of a sheriff’s execution and sale which sold the Defendant’s $50,000 property to satisfy a $2,000 judgment. Synopsis of Rule of Law. A judgment debtor is to be afforded reasonable protection in levying on and selling his property under execution. ...
Matter of Fornabai
Citation22 Ill.227 F. Supp. 928 (D.N.J. 1964) Brief Fact Summary. The order of priority of judgment creditors was to be determined in a bankruptcy case. Synopsis of Rule of Law. The priority of a lien created by state law over a tax lien of the federal government depends on the time it attached to the property in question and becomes choate. The liens are perfected as choate when the identity of the lienor, the property subject to the lien and the amount of the lien are established. ...
Roberts v. Ross
Citation22 Ill.344 F.2d 747 (3d Cir. 1965) Brief Fact Summary. The Plaintiff, Roberts (Plaintiff), appeals a decision from the lower court dismissing his claim against the Defendant, Ross (Defendant). The claim was for money owed to Plaintiff by way of an agreement, which allegedly stated Plaintiff would receive a commission for finding a buyer of Defendant’s property in St. Thomas. Synopsis of Rule of Law. Rule 52(a) of the Federal Rules of Civil Procedure (FRCP) requires the trier of facts to find the facts specially and state his conclusions of law thereon with clarity. The finding ...
Rogers v. Missouri Pacific R. Co
Citation22 Ill.352 U.S. 500, 77 S. Ct. 443, 1 L. Ed. 2d 493 (1957) Brief Fact Summary. The Petitioner, Rogers (Petitioner), sought personal injury damages against the Respondent, Missouri Pacific R.Co. (Respondent), under the Federal Employers’ Liability Act (the Act) and was awarded them by the District Court. The Court of Appeals reversed on the ground that Petitioner’s evidence did not support a finding of Respondent’s liability. Petitioner appealed. Synopsis of Rule of Law. When the probative facts of a case could support a verdict for either litigant, a jury must hear ...
Tull v. United States
Citation22 Ill.481 U.S. 412, 107 S. Ct. 1831, 95 L. Ed. 2d 365, 25 ERC 1857 (1987) Brief Fact Summary. The Federal Government sued a real estate developer for a violation of the Clean Water Act (the Act), a law allowing the Government to recover civil penalties and request injunctions. The Petitioner, Tull (Petitioner), asked for a jury trial on the civil penalties issue and was denied. Synopsis of Rule of Law. There is a right to a jury trial for actions that determine liability for civil penalties, but a judge may determine such amounts. ...