· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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