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· 12/1/1994

Celia Henry v. Daytop Village, Inc.

Citations

  • 42 F.3d 89
  • 30 Fed. R. Serv. 3d 1502
  • 1994 U.S. App. LEXIS 33738
  • 66 Empl. Prac. Dec. (CCH) 43,672
  • 66 Fair Empl. Prac. Cas. (BNA) 882
  • 1994 WL 677963

How courts have described this case

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

  • construing this Rule to mean that “a plaintiff may plead two or more statements of a claim, even within the same count, regardless of consistency,” and permitting the inconsistency to “lie either in the statement of the facts or in the legal theories adopted” (citation omitted)
  • “[E]ven if [plaintiff]’s claims were somehow inconsistent . . . we could and would entertain them both.”
  • “[A] plaintiff may plead two or more statements of a claim, even within the same count, regardless of consistency.”
  • “Evidence that [a] reason is false ... is central to establishing pretext .... ”
  • “The flexibility afforded by Rule 8(e)(2) is especially appropriate in civil rights cases, in which complex inquiries into the parties' intent may sometimes justify raising multiple, inconsistent claims.”
  • “The flexibility afforded by Rule 8(e)(2) is especially appropriate in civil rights cases, in which complex inquiries into the parties’ intent may sometimes justify raising multiple, inconsistent claims.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Oakes, Altimari, Cabranes

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.