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Contracts May Designate Agent For Receiving Service
Contracts May Designate Agent For Receiving Service Cartoons

Contracts May Designate Agent For Receiving Service

National Equipment Rental, Ltd. v. Szukhent; a contractually designated agent's prompt acceptance and transmittal to named defendants of a summons and complaint, pursuant to authorization contained in the contract, constitutes adequate service.
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Contribution, implead, impleader, indemnity, indemnification, third-party complaint.
Short And Plain Statement of the Claim
Short And Plain Statement of the Claim
Bell Atlantic Corp. v. Twombly; sufficient factual allegations required for Fed. R. Civ. P. 8(a)(2) short and plain statement of the claim showing that pleader is entitled to relief, give the defendant fair notice of claim and grounds upon which it rests.
Final Judgment Rule Usually Applies
Final Judgment Rule Usually Applies
Will v. Hallock; Collateral order requirements (1) conclusively determine the disputed question, (2) resolve an important issue completely separate from the merits of the action, and (3) be effectively unreviewable on appeal; collateral order doctrine.
Adding Related Companies To A Complaint
Adding Related Companies To A Complaint
Goodman v. Praxair, Inc; Under Federal Rule of Procedure 15(c), an amendment that changes the party against whom a claim is asserted relates back to the date of the original pleading under certain limited conditions such as related companies.
Partial Judgments Are Not Final For Purposes Of Appeal
Partial Judgments Are Not Final For Purposes Of Appeal
Nystrom v. TREX, Inc; Interlocutory appeals are within court's discretion, and will be granted only when court certifies that each ruling presented for appeal involves a controlling question of law as to which there is substantial difference of opinion.
Suppressing Speech Not The Least Restrictive Alternative
Suppressing Speech Not The Least Restrictive Alternative
Ashcroft v. ACLU; statute that suppresses a substantial amount of protected speech is unconstitutional if less restrictive alternatives exist to further the governmental objective; content-based restriction; preliminary injunction.
Jurisdiction Case
Jurisdiction Case
Goodyear Dunlop Tires Operations, S.A., v. Brown et ux.; sporadic, unrelated contacts are not enough for general jurisdiction.
Jurisdiction
Jurisdiction
J. McIntyre Machinery, Ltd. v. Nicastro; purposeful contact with state is required to trigger jurisdiction.
Injunction
Injunction
U.S. v. New York Times; prior restraints on the publication of government information are unlikely when there is no threat to security.
Probable Cause
Probable Cause
Brendlin v. California; fruit of the poisonous tree; officers did not have probable cause to stop vehicle, passenger was seized and evidence discovered as result was inadmissible.
Rebuttal Evidence
Rebuttal Evidence
Bias v. Advantage Intern., Inc.; withstand motion for summary judgment; rebuttal evidence must cast doubt on credibility of testimony by using specific facts.
Appearance of Bias Matters
Appearance of Bias Matters
Caperton v. A.T. Massey Coal Co.; Appearance of risk of actual judicial bias may require a judge to recuse himself from consideration of a particular case.