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· 2/25/1999

Albertine Kirksey, of the Estate of Curtis Kirksey v. R.J. Reynolds Tobacco Company and Lorillard Tobacco Company, Inc.

Citations

  • 168 F.3d 1039
  • 42 Fed. R. Serv. 3d 1222
  • 1999 U.S. App. LEXIS 2942
  • 1999 WL 93384

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that an adequate complaint may nevertheless be dismissed under Rule 12(b)(6) when the plaintiff fails to present legal arguments supporting its adequacy
  • noting that even though a complaint may comply with the simple notice pleading requirements of Rule 8(a)(2), it may nonetheless be dismissed under Rule 12(b)(6
  • explaining that judges are not obligated to “do the plaintiff’s research and try to discover whether there might be something to say against the defendants’ reasoning”
  • affirming dismissal of complaint pursuant to 12(b)(6) where plaintiff failed to respond responsively to motion
  • noting “[a]n unresponsive response is no response. In effect the plaintiff was defaulted for refusing to respond to the motion to dismiss. And rightly so.”
  • noting that plaintiffs need only plead a short statement, in plain English, of the legal claim, stating that “[t]he courts keep reminding plaintiffs that they don’t [ ] have to file long complaints, don’t have to plead facts, don’t have to plead legal theories.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Coffey, Easterbrook

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.