· 4/2/2009
Carter v. Ford Motor Co.
Citations
- 561 F.3d 562
- 14 Wage & Hour Cas.2d (BNA) 1281
- 2009 U.S. App. LEXIS 6916
- 92 Empl. Prac. Dec. (CCH) 43,529
- 2009 WL 860065
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- requiring “fair notice” of the nature and grounds of a claim
- “Sometimes, as we have recognized, a claim raised in response to a summary judgment motion provides sufficient notice to the opposing party.” (citations omitted)
- “As at the initial pleading stage, the question remains [at the summary judgment stage] whether [the defendant] had adequate notice of the charges it was defending.”
- “the notice inquiry necessarily proceeds on a case-by-case basis. Sometimes, as we have recognized, a claim raised in response to a summary judgment motion provides sufficient notice to the opposing party.”
- “A court must construe pleadings . . . ‘liberally in order to prevent errors in draftsmanship from barring justice to litigants.’” (quoting Ritchie v. United Mine Workers of Am., 410 F.2d 827, 833 (6th Cir. 1969))
- “Had the challenge to the sufficiency of her pleading arisen in the context of a Rule 12(b)(6) motion, the district court would have applied the ‘extremely modest standard’ of notice pleading, which direct[] courts to construe pleading[s] liberally.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Martin, Cook, Watson
Read full opinion on CourtListenerSourced 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.