Cluster 510678

Fed.R.Civ.P. 8(c); but see Agg v. Flanagan, 855 F.2d 336, 344 (6th Cir.1988) (Contie, J., dissenting) (several courts sua sponte have raised the issue of collateral estoppel).

Agg v. Flanagan, 855 F.2d 336, 339 (6th Cir. 1988).

Agg v. Flanagan, 855 F.2d 336, 339 (6th Cir.1988); Friedlander v. Friedlander, 149 F.3d 739, 740 (7th Cir.1998); Lannan v. Maul, 979 F.2d 627, 631 (8th Cir.1992); Tackett v. Tackett, 877 F.2d 60 *1 (4th Cir.1989).

Endicott-Johnson, however, concerned only the process due before a deprivation of wages through garnishment, not before deprivation of the special possessory interest that an owner or tenant has in his residence. 42 In Agg v. Flanagan, 855 F.2d 336, 343 (6th Cir.1988), we followed Endicott-Johnson and upheld an Ohio child support postjudgment remedy against a due process challenge. 855 F.2d at 342 .

In Agg v. Flanagan, 855 F.2d 336, 343 (6th Cir.1988), we followed Endicott-John-son and upheld an Ohio child support post-judgment remedy against a due process challenge. 855 F.2d at 342 .

Co. v. United States Dep't of Labor, 891 F.2d 1211, 1212 (6th Cir.1989) (affirming a district court's sua sponte assertion of res judicata where the district court had decided the original case and adding that "a district court may invoke the doctrine of res judicata in the interests of, inter alia, the promotion of judicial economy"); see also Curry v. City of Syracuse, 316 F.3d 324, 331 (2d Cir.2003); Agg v. Flanagan, 855 F.2d 336, 344 (6th Cir.1988) (Contie, J., dissentin…

Co. v. United States Dep’t of Labor, 891 F.2d 1211, 1212 (6th Cir.1989) (affirming a district court’s sua sponte assertion of res judicata where the district court had decided the original case and adding that “a district court may invoke the doctrine of res judicata in the interests of, inter alia, the promotion of judicial economy”); see also Curry v. City of Syracuse, 316 F.3d 324, 331 (2d Cir.2003); Agg v. Flanagan, 855 F.2d 336, 344 (6th Cir.1988) (Confie, J., dissentin…

Agg v. Flanagan, 855 F.2d 336, 340 (C.A.6, 1988).

For a forceful argument that courts of appeals should be able to raise preclusion issues sua sponte, even when the defendant did not plead them affirmatively in accordance with Fed.R.Civ.P. 8(c), see Agg v. Flanagan, 855 F.2d 336, 344 (6th Cir.1988) (Contie, J., dissenting) (noting that the Court of Claims, the Eighth and Ninth Circuits, and even the Sixth Circuit in a per curiam opinion, had either addressed preclusion issues sua sponte or permitted a district cotut to rais…

Agg v. Flanagan, 855 F.2d 336, 339 (6th Cir.1988).

“A civil conspiracy is an agreement between two or more persons to injure another by unlawful action.” Agg v. Flanagan, 855 F.2d 336, 341 (6th Cir.1988) (citing Hooks v. Hooks, 771 F.2d 935, 943-44 (6th Cir.1985)).

Cf. Agg v. Flanagan, 855 F.2d 336, 341-42 (6th Cir.1988) (child support statute did not discriminate against men).

See, e.g., Ingram, 866 F.2d at 370-72 (discussing cases); Agg v. Flanagan, 855 F.2d 336, 339 (6th Cir.1988); Flood v. Braaten, 727 F.2d 303, 308 (3d Cir.1984) (“as a jurisdictional bar, the domestic relations exception does not apply to cases arising under the Constitution or laws of the United States”).

Judge Contie has expressed his view that no private cause of action exists under subchapter II in a dissenting opinion in Agg v. Flanagan, 855 F.2d 336, 345 (6th Cir.1988).

See McCleskey v. Kemp, --- U.S. ----, 107 S.Ct. 1756, 1766 (1987); Agg v. Flanagan, 855 F.2d 336, 341 (6th Cir.1988). 4 Finally, although it was improper for the district court to weigh the evidence presented at the evidentiary hearing because it was obligated to view the evidence in favor of the plaintiff, see Westlake v. Lucas, 537 F.2d 857, 858 (6th Cir.1976), plaintiff still failed to state a claim under Sec. 1983 even if his factual allegations are assumed true. 5 Accor…

See Agg v. Flanagan, 855 F.2d 336 (6th Cir.1988).

The procedure to enforce a court's order commanding or forbidding an act should not be so inconclusive as to foster experimentation with disobedience. 12 United States v. Rylander, 460 U.S. 752, 756-57 (1983) (quoting Maggio v. Zeitz, 333 U.S. 56, 69 (1948)); see also Agg v. Flanagan, 855 F.2d 336, 342 (6th Cir.1988) (constitutional challenge to child support order properly raised at time order was issued, not as a defense to a contempt citation).