-
S.D. Fla.·
2020-10-15
The court held that the 120-day waiting period under 5 U.S.C. § 7702(e)(1)(B) is a strict claims-processing rule, not a jurisdictional prerequisite, and a regulation cannot toll this period. Therefore, the plaintiff's civil action was timely filed.
-
2017 U.S. Dist. LEXIS 27194·
S.D. Fla.·
2017-02-24
The court held that it should decline to exercise supplemental jurisdiction over the defendants' state-law counterclaim in an FLSA action due to exceptional circumstances, including the disfavored nature of employer counterclaims in FLSA cases and the lack of factual overlap.
-
Del. Super. Ct.·
2015-11-23
The court granted in part and denied in part the defendants' motions to dismiss. Count Two, alleging violations of 12 Del. C. § 1201(a)(4), was dismissed because it lacked allegations of a government-issued certificate or receipt. However, Count One, alleging violations of 12 Del
-
Del. Ch.·
2013-05-17
The Superior Court denied the motion to dismiss the fraud claim, finding it was pled with particularity and that the individual defendants could be held liable for the company's representations. The court dismissed the bad faith breach of contract claim as duplicative of the frau
-
887 F. Supp. 1500·
M.D. Fla.·
1995-05-17
The court granted summary judgment for the defendants, finding the plaintiffs failed to present admissible evidence establishing medical causation for their wrongful death claim.
-
990 F.2d 1111·
9th Cir.·
1993-03-26
The Board of Immigration Appeals erred by taking administrative notice of Nicaragua's government change without providing petitioners an opportunity to contest the noticed facts, thus denying them due process.
-
987 F.2d 855·
1st Cir.·
1993-03-05
The court affirmed the dismissal, holding that New Hampshire law requires actual notice and an opportunity to correct a hazardous condition for municipal liability, and that the district court's application of a heightened pleading standard, even if erroneous, was harmless.
-
970 F.2d 1287·
4th Cir.·
1992-06-15
The court held that the EPA's obligations under the Memorandum of Agreement were extinguished by the completion of the original sewer system project and did not extend to a subsequent expansion requiring additional sewer lines.
-
959 F.2d 1062·
D.C. Cir.·
1992-03-31
The court held that antitrust and intentional infliction of emotional distress claims were properly dismissed, but negligence and tortious interference claims were adequately pled and should proceed.
-
947 F.2d 1278·
5th Cir.·
1991-11-29
The court held that while the jury instruction on fraud incorrectly included a reasonable reliance element under Texas law, this error was harmless because the jury's finding of no negligence necessarily implied a lack of the higher fault required for fraud.
-
943 F.2d 259·
2d Cir.·
1991-09-16
A district court cannot dismiss a pro se complaint sua sponte under Rule 12(b)(6) without giving the plaintiff an opportunity to be heard.
-
932 F.2d 124·
2d Cir.·
1991-04-29
The court held that a district court lacks the power to sanction a party solely based on the lack of merit of a case it has no jurisdiction to decide.
-
886 F.2d 721·
4th Cir.·
1989-10-03
The district court did not abuse its discretion in dismissing the pro se complaint as frivolous because it lacked factual allegations to support the claim of denial of meaningful access to the courts.
-
688 F.2d 940·
3d Cir.·
1982-09-28
The court held that the pro se complaint was improperly dismissed for failure to state a claim, as it sufficiently alleged constitutional violations.
-
611 F.2d 566·
5th Cir.·
1980-02-07
The court held that the record was insufficient to determine if res judicata applied, requiring a remand.