Citation95 U.S. 714, 5 Otto 714, 24 L. Ed. 565 (1878). Brief Fact Summary. Plaintiff in error, Harris, paid a debt to a third party in Maryland initially owed to Defendant in error, Balk. Bulk still brought this suit in North Carolina because he alleged that Maryland had no jurisdiction over Harris. Synopsis of Rule of Law. A valid judgment by another state’s court that had jurisdiction over a party must be given full faith and credit by another state’s court. ...
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Pennoyer v. Neff
Citation95 U.S. 714, 5 Otto 714, 24 L. Ed. 565 (1878). Brief Fact Summary. Defendant Neff was being sued by Mitchell in Oregon for unpaid legal fees. A default judgment was entered against Defendant for his failure to come to court or otherwise resist the lawsuit, despite the fact that he was not personally served with process, nor was a resident of Oregon. Later, in an attempt to collect upon his judgment, Mitchell attached land located in Oregon belonging to Defendant, and had it sold to Plaintiff Pennoyer through a Sheriff’s sale. Synopsis of Rule of Law. Proceedings in a court of la ...
Campolongo v. Celotex Corp
Citation681 F. Supp. 261, 1988 U.S. Dist. 3488 Brief Fact Summary. Plaintiff, Banjamin Campolongo, sought compensatory and punitive damages for asbestos exposure. Defendant, Celotex Corporation, moved for a severance of the strict liability from the negligence claims. Synopsis of Rule of Law. Rule 42(b) of the Federal Rules of Civil Procedure allows for a court to separate claims to avoid prejudicial information allowable for one purpose to taint the jury when considering other claims. ...
Brandon v. Chicago Board of Education
Citation143 F.3d 293, 1998 U.S. App. 7824 Brief Fact Summary. Plaintiff, Brandon, sought relief under Rule 60 of the Federal Rules of Civil Procedure after judgment was entered for Defendant, Chicago Board of Education, due to Plaintiff’s failure to prosecute his case. Synopsis of Rule of Law. Rule 60(b) of the Federal Rules of Civil Procedure can be used to overturn a final judgment, but the Rule 60(b)(6) catchall provision will not be available if the other provisions are applicable. ...
Galloway v. United States
Citation319 U.S. 372, 63 S. Ct. 1077, 87 L. Ed. 1458, 1943 U.S. 1118 Brief Fact Summary. The Petitioner, Galloway (Petitioner), claimed that his mental insanity was caused by his involvement in the military and sued the Government. The District Court granted the Government’s motion for a directed verdict and held for the Government, citing Petitioner’s lack of sufficient evidence to prove his claim. Petitioner appealed, stating that his Seventh Amendment of the United States Constitution (Constitution) right to a jury trial was denied because of the directed verdict. Synopsis o ...
Celotex Corp. v. Catrett
Citation477 U.S. 317, 106 S. Ct. 2548, 91 L. Ed. 2d 265, 1986 U.S. 118 Brief Fact Summary. The Respondent, Catrett (Respondent), filed suit alleging that the death of her husband resulted from his exposure to products containing asbestos manufactured or distributed by 15 named corporations, including the Petitioner, the Celotex Corporation (Petitioner). Petitioner filed a motion for summary judgment, without offering any evidence contradicting Respondent’s claim that Respondent had failed to produce sufficient evidence supporting its claim. Synopsis of Rule of Law. To s ...
Adickes v. S.H. Kress & Co
Citation398 U.S. 144, 90 S. Ct. 1598, 26 L. Ed. 2d 142, 1970 U.S. 31 Brief Fact Summary. In a civil rights action in which a conspiracy between the police and S.H. Kress & Company (Defendant) was alleged, summary judgment was granted when Adickes (Plaintiff) could not produce any evidence to support a conspiracy. Synopsis of Rule of Law. In an action based on conspiracy, summary judgment may not be granted unless the nonmoving party can show that there is no genuine issue of fact. ...
J.E.B. v. Alabama
Citation511 U.S. 127, 114 S. Ct. 1419, 128 L. Ed. 2d 89, 1994 U.S. 3121 Brief Fact Summary. Plaintiff, J.E.B., challenged the lower courts’ decision allowing Respondent, the state of Alabama, to use its peremptory challenges to remove all the male jurors. Synopsis of Rule of Law. The Equal Protection Clause of the Fourteenth Amendment of the United States Constitution prohibits a party to use their peremptory challenges to remove jurors based on gender. ...
Chauffeurs, Teamsters and Helpers Local 391 v. Terry
Citation494 U.S. 558, 110 S. Ct. 1339, 108 L. Ed. 2d 519, 1990 U.S. 1530 Brief Fact Summary. The Respondents, various unionized workers (Respondents), brought action against the Petitioners, Chauffeurs, Teamster and Helpers Local 391 (Petitioners), their union for violation of the duty of fair representation. Respondents sought compensatory damages in the form of back pay and loss of benefits. Respondents requested and were granted a jury trial by the District and Appellate Courts. The Union appealed. Synopsis of Rule of Law. Claims based on the duty of fair representation are legal in n ...
Hawthorne Land Co. v. Occidental Chem. Corp
CitationNo. Civ.A 01-0881, 2002 WL 1976931 (E.D. La. Aug. 23, 2002). Brief Fact Summary. Defendants, Occidental Chemical Corporation et al., moved to limit the scope of discovery that Plaintiff, Hawthorne Land Co., was seeking. Synopsis of Rule of Law. Per Fed. R. Civ. P. 26(b)(1), a party can obtain as extensive a scope of discovery that is relevant to the claims and is not subject to discovery. ...
Hickman v. Taylor
Citation329 U.S. 495, 67 S. Ct. 385, 91 L. Ed. 451, 1947 U.S. 2966 Brief Fact Summary. Petitioner, Hickman, sought discovery of statements or interrogatories made to Respondent Taylor’s counsel. Respondent objected to the request as an attempt to receive privileged information. Synopsis of Rule of Law. The work product of an attorney, particularly opposing counsel’s thoughts and impressions of witnesses or information relating to the claims, is not discoverable. ...
Gross v. Hanover Ins. Co
Citation138 F.R.D. 53, 1991 U.S. Dist. 11685 Brief Fact Summary. Plaintiff, Gross, sought payment from Defendant, Hanover Insurance Company, under an insurance policy. Defendant impleaded third-party defendants, Anthony and Joseph Rizzo. Synopsis of Rule of Law. Under Federal Rules of Civil Procedure Rule 14(a), a defendant can implead a party who is or may be liable to the defendant for the damages sought by the plaintiff. ...
Kedra v. City of Philadelphia
Citation454 F. Supp. 652, 1978 U.S. Dist. 16906 Brief Fact Summary. Delores Kedra, her eight children and a son-in-law (Plaintiffs), brought an action against the City of Philadelphia (Defendant), alleging that the Defendant committed a systematic pattern of harassment against their family over a fifteen-month period. Defendant claims improper joinder of parties, because the events did not occur over a span of fifteen months. Synopsis of Rule of Law. Claims that occur over a lengthy period of time may be reasonably related and thus arise out of same transaction or occurrence. ...
Progress Federal Savings Bank v. National West Lenders Association, Inc
Citation1996 WL 57942 (E.D. Pa. Feb. 12, 1996). View this case and other resources at: Brief Fact Summary. Defendant, National West Lenders Association, filed to sanction Plaintiff, Progress Federal Savings Bank, under Fed. R. Civ. P. 11 three months after the claims against Defendant were dismissed. Synopsis of Rule of Law. Rule 11, when possible, is given its plain meaning, which means that the safe harbor provision of the revised Rule 11 of 1993 requires a formal notice of a Rule 11 filing before the dismissal of the claims. ...
Christopher v. Duffy
Citation28 Mass. App. Ct. 780, 556 N.E.2d 121, 1990 Mass. App. Brief Fact Summary. Plaintiff, the administratrix of Janette Christopher, who died from pneumonia stemming from her hospitalization for lead poisoning, moved to amend her complaint to include new Defendants under the original injury action. Synopsis of Rule of Law. A court, under Federal Rule of Civil Procedure 15, can deny a plaintiff’s motion for a leave to amend if new defendants would be prejudiced by the delay. ...
Gomez v. Toledo
Citation146 U.S. 635, 100 S. Ct. 1920, 64 L. Ed. 2d 572, 1980 U.S. 104 Brief Fact Summary. Plaintiff Carlos Rivera Gomez brought an action against Defendant Toledo, the Superintendent of the Police of the Commonwealth of Puerto Rico. He alleged that Defendant had violated his right to procedural due process by terminating his employment with the Police Department’s Criminal Investigation Bureau. Synopsis of Rule of Law. A plaintiff is not required to anticipate in his complaint a defense that a defendant might raise in order to state a claim for relief. ...
Controlled Environment Systems v. Sun Process Co., Inc
Citation173 F.R.D. 509, 1997 U.S. Dist. 9218 Brief Fact Summary. Plaintiff, Controlled Environment Systems, answered the counterclaim of Defendant, Sun Process CO., Inc., in a manner that was contrary to Rule 8(b). Synopsis of Rule of Law. In order for an answer to be considered a denial under Rule 8(b) of the Federal Rules of Civil Procedure, a party has to affirmatively deny the allegations or represent a lack of information sufficient to form a belief regarding the allegations. ...
Greenbaum v. United States
Citation360 F. Supp. 784, 1973 U.S. Dist. 13849 Brief Fact Summary. Plaintiff, Morey Greenbaum, brought this action against Defendant, the United States, under the Federal Tort Claims Act (“FTCA”). Defendant challenged the jurisdiction. Synopsis of Rule of Law. An answer that claims a lack of knowledge or information will not be considered a denial if the party did not exert a reasonable effort to discover the facts. ...
DM II, Ltd. v. Hospital Corporation of America
Citation130 F.R.D. 469, 1989 U.S. Dist. 16604 View this case and other resources at: Brief Fact Summary. Plaintiffs, DM II, Ltd. et al., brought this action against co-partners, Hospital Corporation of America et al., to recover profits made by Defendants at the expense of the partnership. Defendants moved to dismiss because the action was not brought in the name of the real party in interest. Synopsis of Rule of Law. Rule 17(a) of the Federal Rules of Civil Procedure requires the parties who have the right sought to be enforced to bring the action. ...
Bower v. Weisman
Citation639 F. Supp. 532, 1986 U.S. Dist. 23446 Brief Fact Summary. Plaintiff, Bower, brought seven claims against Defendant, Weisman stemming from his alleged breached agreements and subsequent conduct. Defendant responded with a series of procedural motions attacking each claim. Synopsis of Rule of Law. A complaint needs to specifically define which defendant is the subject of each claim, and any claims that lack the factual allegations to satisfy each element will be dismissed. ...
Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit
Citation507 U.S. 163, 113 S. Ct. 1160, 122 L. Ed. 2d 517, 1993 U.S. 1941 Brief Fact Summary. This action arose out of two separate incidents involving the execution of search warrants by law enforcement officers. Leatherman (Plaintiffs) sued several law enforcement officers asserting that police conduct violated the Fourth Amendment to the United States Constitution. The United States District Court of the Northern District of Texas dismissed the complaints and the United States Court of Appeals for the Fifth Circuit affirmed the dismissal. The Supreme Court of the United States granted t ...
Conley v. Gibson
Citation355 U.S. 41, 78 S. Ct. 99, 2 L. Ed. 2d 80, 1957 U.S. 1598 Brief Fact Summary. Petitioner African-Americans, Conley et al., sought a declaratory judgment, injunction and damages against Respondents, Gibson et al., for Respondents’ failure to adequately represent them as members of their union. Synopsis of Rule of Law. Rule 8 of the Federal Rules of Civil Procedure requires complaint to contain only a short and plain statement of the claim rather than a long detailed set of facts. ...
Dioguardi v. Durning
Citation139 F.2d 774, 1944 U.S. App. 4124 Brief Fact Summary. Plaintiff sued Defendant in federal court on vague allegations that Defendant stole Plaintiff’s merchandise and sold Plaintiff’s merchandise at a prohibited price. The District Court ordered Plaintiff to amend the complaint. Plaintiff alleged more facts and the District Court dismissed Plaintiff’s claim on the grounds that the complaint did not “state facts sufficient to constitute a cause of action.” Synopsis of Rule of Law. A complaint need only state a claim upon which relief can be granted. It does ...
Texas Dept. of Community Affairs v. Burdine
Citation450 U.S. 248, 101 S. Ct. 1089, 67 L. Ed. 2d 207, 1981 U.S. 75 Brief Fact Summary. Petitioner, Texas Department of Community Affairs, challenged the evidentiary burden ordered by the Court of Appeals for the Fifth Circuit that Petitioner must prove by the preponderance of the evidence that there was a nondiscriminatory reason for the firing of Respondent, Burdine. Synopsis of Rule of Law. The plaintiff has the burden of establishing a prima facie case of discrimination, and if the defendant can articulate a legitimate nondiscriminatory reason for the conduct then the burden falls back ...
Walker v. City of Birmingham
Citation388 U.S. 307, 87 S. Ct. 1824, 18 L. Ed. 2d 1210, 1967 U.S. 2837 Brief Fact Summary. Petitioners, Walker et al., challenged a judgment finding them in contempt of court for violating an injunction. Petitioners argue that the injunction stems from their violation of unconstitutional ordinances. Synopsis of Rule of Law. Once an injunction is issued, a party needs to challenge the constitutionality of the law in court rather than violate the injunction and be in contempt. ...