Citation56 F.3d 450 (2d Cir.), cert denied, 516 U.S. 916 (1995) Brief Fact Summary. Plaintiffs filed a complaint, which named a bank and various Israeli officials as Defendants, in federal district court in New York. The complaint was dismissed, without prejudice, on forum non conveniens grounds. The court imposed sanctions against Plaitniffs’ counsel on the ground that the complaint had been filed, in part, for an improper purpose. Plaintiffs’ attorney appealed. Synopsis of Rule of Law. An objective standard of reasonableness applies to t ...
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Reis Robotics USA, Inc. v. Concept Industries, Inc.
Citation462 F. Supp. 2d 897 (N.D. Ill. 2006) Brief Fact Summary. Defendant filed an answer to Plaintiff’s breach of contract complaint and asserted affirmative defenses. Plaintiff moved to strike and dismiss the affirmative defenses as insufficient for pleading purposes and to strike portions of the answer. Synopsis of Rule of Law. Although motions to strike are generally disfavored, Federal Rule of Civil Procedure 12(f), which provides for the court to strike insufficient, redundant, immaterial, impertinent or scandalous matter ...
Reis Robotics USA, Inc. v. Concept Industries, Inc.
Citation462 F. Supp. 2d 897 (N.D. Ill. 2006) Brief Fact Summary. Defendant filed an answer to Plaintiff’s breach of contract complaint and asserted affirmative defenses. Plaintiff moved to strike and dismiss the affirmative defenses as insufficient for pleading purposes and to strike portions of the answer. Synopsis of Rule of Law. Although motions to strike are generally disfavored, Federal Rule of Civil Procedure 12(f), which provides for the court to strike insufficient, redundant, immaterial, impertinent or scandalous matter ...
Mullane v. Central Hanover Bank & Trust Co.
Citation339 US 306 (1950) Brief Fact Summary. Mullane, as special guardian appointed to represent the interests of persons who had or might have an interest in the income of the Central Hanover Bank & Trust Co.’s common trust fund, appeared specially after the bank brought a petition for settlement of the trust accounts. Mullane complained that notice and statutory provisions for notice to the trust beneficiaries, which permitted notice by publication, did not comport with due process, and that jurisdiction over them was therefore lacking. The New York trial ...
In re Bath and Kitchen Fixtures Antitrust Litigation
Citation535 F.3d 161 (3d Cir. 2008) Brief Fact Summary. Putative class action Plaintiffs filed an antitrust lawsuit against Defendants. Defendants moved to dismiss the complaint the court’s decision on the motion gave Plaintiffs an opportunity to amend their complaint to add more facts. Plaintiffs instead filed a notice of voluntary dismissal. The court struck the Plaintiff’s notice upon Defendant’s request, and dismissed the complaint. Plaintiffs appealed. Synopsis of Rule of Law. A filing under Federal Rule of Civil Procedure 4 ...
Guaranty Trust Co. of New York v. York
Citation326 U.S. 99 (1945) Brief Fact Summary. York, as owner of certain notes, brought a class action lawsuit in federal court in New York against Guaranty Trust Co., based on Guaranty’s alleged failure, as trustee, to protect the noteholders’ interests. Guaranty Trust asserted that York’s action was barred by the New York’s state statute of limitations. The Court of Appeals held that the state statute of limitations did not apply. Synopsis of Rule of Law. The federal court in this diversity case should apply the state statute of l ...
Bensusan Restaurant Corp. v. King
Citation126 F.3d 25 (2d Cir. 1977) Brief Fact Summary. Bensusan Restaurant Corp. brought an action against King asserting trademark infringement and related claims against King. Bensusan was the creator of the trademark-named “The Blue Note” jazz club in New York City, and alleged that King’s live entertainment cabaret in Columbia, Missouri, also called The Blue Note, infringed on Bensusan’s trademark. The district court dismissed the complaint based on lack of personal jurisdiction. Synopsis of Rule of Law. In diversity or feder ...
Asahi Metal Industry Co. v. Superior Court of California
Citation480 US 102 (1987) Brief Fact Summary. Gary Zurcher, an individual, brought a product liability action against various defendants in California state court after he was severely injured and his wife was killed in a motorcycle accident and his wife was killed in a motorcycle accident. One of the defendants filed a cross-complaint for indemnification against Petitioner, Asahi Metal Industry Co. Asahi moved to quash the defendant’s service of the summons upon it. The trial court denied the motion. The state appellate court issued a peremptory writ of mand ...
Mullane v. Central Hanover Bank & Trust Co.
Citation339 U.S. 306, 70 S.Ct. 652, 92 L.Ed. 865 (1950) Brief Fact Summary. To settle 113 accounts of a common trust fund, Appellee notified nonresident beneficiaries of the proceeding through publication in a local newspaper, as required by New York law. Appellant argued that this was insufficient notice because the beneficiaries had not been personally served. Synopsis of Rule of Law. A chosen method for service of process is constitutional if notice will reasonably reach a defendant with enough time for the defendant to respond. ...
Mohawk Industries, Inc. v. Carpenter
Citation558 U.S. 100, 130 S.Ct. 599, 175 L.Ed.2d 458 (2009) Brief Fact Summary. Plaintiff sued Defendant for firing him under false pretenses. Plaintiff filed a motion to compel disclosure of conversations between Plaintiff and Defendant’s counsel. Synopsis of Rule of Law. Decisions compelling disclosure of information otherwise protected by attorney-client privilege are not immediately reviewable under the collateral order doctrine. ...
Ruszala v. Walt Disney World Co.
Citation121 F.Supp.2d 1347 (M.D. Fla. 2000) Brief Fact Summary. Bill Ruszala (Plaintiff) was arrested for stealing from Walt Disney Co. Plaintiff sued Defendant for false arrest and civil rights violations. Defendant moved for summary judgment and requested Plaintiff pay sanctions in the form of attorney fees and court costs. Synopsis of Rule of Law. Pleadings violate Rule 11 when the claims are objectively frivolous and the person signing the pleadings should have been aware that they were frivolous. ...
Texas Industries, Inc. v. Radcliff Materials, Inc.
Citation451 U.S. 630, 101 S.Ct. 2061, 68 L.Ed.2d 500 (1981) Brief Fact Summary. Petitioner was accused of conspiring with other concrete companies to raise prices. Petitioner filed a third-party complaint against Respondents for their role in the conspiracy. Synopsis of Rule of Law. Federal courts do not have the power to exercise a right of contribution for antitrust violations, either through federal antitrust laws or federal common law. ...
Thompson v. Department of Housing and Urban Development
Citation199 F.R.D. 168 (D. Md. 2001) Brief Fact Summary. Plaintiff alleged de jure racial segregation in Baltimore’s public housing. Plaintiff filed a motion to compel discovery. Synopsis of Rule of Law. Under Rule 26(b), the scope of discovery is limited to unprivileged facts relevant to the claim or defense of any party and a balancing of cost-benefit factors conducted first by the parties. ...
Guaranty Trust Co. of New York v. York
Citation326 U.S. 99, 65 S.Ct. 1464, 89 L.Ed. 2079 (1945) Brief Fact Summary. York (Plaintiff) sued Guaranty Trust Co. (Defendant) for alleged breach of trust after the statute of limitations had passed, bringing the lawsuit in federal court through diversity jurisdiction. Synopsis of Rule of Law. A federal court ruling over a case under diversity jurisdiction must use applicable state law if the outcome of the federal court’s application of law would be different from the outcome under state law. ...
Alverio v. Sam’s Warehouse Club, Inc
Citation253 F.3d 933 (7th Cir. 2001) Brief Fact Summary. Plaintiff raised a Batson challenge after the Defendant used peremptory challenges to remove all women from the jury pool. The trial judge dismissed the Batson challenge and the suit went to trial. Synopsis of Rule of Law. In a Batson challenge, the moving party must present a prima facie showing of discrimination, the nonmoving party must present gender-neutral reasons for removing the prospective juror, and the court must determine if the moving party has carried the burden of proving ...
Asahi Metal Indus. Co. v. Superior Court
Citation. 480 U.S. 102 (1987) Brief Fact Summary. A Taiwanese company is being sued for product liability in a California court and the Supreme Court is deciding whether California’s jurisdiction over the Taiwanese company is proper. Synopsis of Rule of Law. Under the Due Process Clause a foreign company’s awareness that its products will reach a state within America in the stream of commerce is not sufficient to establish the minimum contacts required to exercise personal jurisdiction. ...
Matsushita Elec. Indus. Co. v. Zenith Radio Corp.
Citation475 U.S. 574 (1986) Brief Fact Summary. Two companies sued over 20 other companies alleging conspiracy in violation of the Sherman Act. Defendant’s motion for summary judgement is granted and the plaintiff appeals. Synopsis of Rule of Law. To survive a motion for summary judgement a plaintiff seeking damages for a violation of § 1 of the Sherman Act must present evidence that tends to exclude the possibility that the alleged conspirators acted independently. ...
Saltany v. Bush
Citation960 F.2d 1060 (D.C. Cir. 1992) Brief Fact Summary. 55 Libyan citizens attempt to sue the President of the United States and others, including the U.K., for U.S. air strikes in Libya, even when plaintiffs’ counsel knew the case was impossible to win. Synopsis of Rule of Law. When the district court has found that a party violated FRCP 11, it must impose a sanction. ...
Wyman v. Newhouse
Citation93 F.2d 313 (2d Cir. 1937) Brief Fact Summary. Plaintiff successfully tricks Defendant into traveling to Florida just to serve Defendant with a summons. Synopsis of Rule of Law. Is service that is obtained through fraud valid and therefore merit full faith and credit in a different jurisdiction? ...
Asahi Metal Indus. Co. v. Superior Court
Citation480 U.S. 102 (1987) Brief Fact Summary. A Taiwanese company is being sued for product liability in a California court and the Supreme Court is deciding whether California’s jurisdiction over the Taiwanese company is proper. Synopsis of Rule of Law. Under the Due Process Clause a foreign company’s awareness that its products will reach a state within America in the stream of commerce is not sufficient to establish the minimum contacts required to exercise personal jurisdiction. ...
Kelley v. R.G. Industries, Inc.
Citation497 A.2d 1143 (Md. App. 1985) Brief Fact Summary. Kelley filed a tort suit against R.G. Industries, Inc. after being shot during the robbery of a store. Synopsis of Rule of Law. A defendant can be held strictly liable for an activity that is abnormally dangerous in relation to the area that the activity occurs. Facts. Kelley was shot while he was working in a store in Maryland. The gun that was used was assembled by R.G. Industries, Inc. (R.G.). Kelley filed a tort suit against R.G. Industries, Inc. after being shot during the robbery of a store. Issue. Whether adefendant can be held s ...
Allen R. Krauss Co. v. Fox
Citation644 P.2d 279 (Ariz. App. 1982) Brief Fact Summary. Allen R. Krauss Co. (Krauss) sued Fox to compel Fox to sell land when Krauss accepted a counteroffer before the proposed deadline. Synopsis of Rule of Law. An offer that claims to remain open until a deadline can be rescinded prior to the deadline if the offeree did not provide consideration to keep the offer open. Facts. Allen R. Krauss Co. (Krauss) offered to purchase land from Fox for $265,000 with a $5,000 deposit. Fox sent a counteroffer with five days to act for $486,000 in cash. When Krauss signed the acceptance form two hours b ...
Busch v. Viacom International
Citation477 F. Supp. 2d 764 (N.D. Tex. 2007) Brief Fact Summary. Busch sued Viacom International after his image and likeness was used in a satirical endorsement that aired on The Daily Show. Synopsis of Rule of Law. A defendant cannot be held liable for defamation if a reasonable viewer of a satire would not believe the broadcast to be fact. Facts. Stewart aired a fake endorsement of dietary shake promoted by Pat Robinson on The Daily Show. In the endorsement, a body builder named Busch thanked Robertson for helping him lose 200-pounds with the shake. Although Busch was never mentioned by nam ...
Watergate West, Inc. v. District of Columbia Board of Zoning Adjustment
Citation815 A.2d 762 (D.C. 2003) Brief Fact Summary. Watergate West sued George Washington University for using a nearby hotel as a dormitory because the District of Columbia Comprehensive Plan was instituted to relieve pressure from the housing market outside of the campus. Synopsis of Rule of Law. Zoning officials may determine that the conversion of a hotel into a dormitory doesn’t reduce the availability of residential housing. Facts. The District of Columbia (DC) entered the DC Comprehensive Plan (Plan) in the early 1980s, requiring George Washington University (GW) to continue t ...