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375 F.2d 393·
2d Cir.·
1967-03-27
·cited 157×
The court held that a complaint alleging a scheme to defraud by failing to pay for securities, even if not directly related to investment value, sufficiently states a claim under Section 10(b) and Rule 10b-5, thus conferring subject matter jurisdiction.
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373 F.2d 493·
5th Cir.·
1967-02-16
·cited 78×
The court held that the trial court erred by granting summary judgment without proper notice and hearing, and that the new evidence presented in the Rule 60(b) motion warranted reconsideration.
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599 F.2d 1169·
2d Cir.·
1979-06-06
·cited 26×
A plaintiff's notice of voluntary dismissal filed under Rule 41(a)(1)(i) before the defendant serves an answer or motion for summary judgment automatically terminates the action and cannot be vacated by the court.
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453 F.2d 914·
4th Cir.·
1971-12-30
·cited 17×
The court held that a plaintiff cannot voluntarily dismiss an action without prejudice after the defendant has filed an answer or motion for summary judgment, and that a stockholder's claim for injury to a corporation must be brought derivatively under Maryland law.
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967 F.2d 1166·
7th Cir.·
1992-07-14
·cited 4×
Prosecutors are absolutely immune from liability under 42 U.S.C. § 1983 for statements made in executive clemency proceedings.
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932 F.2d 1410·
11th Cir.·
1991-06-07
·cited 2×
Service of process on a 'Manager' at an accounting firm, who holds a high-ranking non-partner position and provides a business card indicating his title, is proper under Georgia law, especially when the firm receives actual notice.
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M.D. Fla.·
2025-04-14
Sauer Construction moved to dismiss Counts IV and V of the Amended Counterclaim under Rules 12(b)(6) and 9(b), arguing they fail to state a claim. The court denied the motion as moot because Sauer had already filed an answer to the counterclaim, rendering any Rule 12(b) motion pr
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S.D. Fla.·
2024-07-11
The court denied the plaintiff's motion to strike the defendants' notice of filing an arrest warrant, finding the motion procedurally improper and the warrant relevant to the fugitive disentitlement doctrine.
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M.D. Fla.·
2023-09-19
A defendant's timely motion to dismiss constitutes 'otherwise defending' the action, precluding entry of a clerk's default.
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S.D. Fla.·
2023-09-07
The court granted plaintiff's motion for leave to amend its complaint and denied defendant's motion to dismiss as moot, denied defendant's motion to transfer venue, and denied defendant's motion to stay discovery.
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S.D. Fla.·
2023-05-25
The court held that the defendant waived their right to file a motion to dismiss by filing a responsive pleading before the motion. Therefore, the objections to the magistrate judge's recommendation to grant the motion are sustained.
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M.D. Fla.·
2023-01-24
The court denied the plaintiff's motion for leave to amend the complaint and his motion for a court-appointed investigator.
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M.D. Fla.·
2022-09-23
A motion to dismiss under Rule 12(b) is a nullity if filed after the defendant has already answered the complaint.
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M.D. Fla.·
2019-11-26
The court held that the defendant's motion to dismiss was untimely and denied it.