Goldberg v. Danaher

How courts have described this case

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

• \ 'Recitation of allegations without citation to any legal authority and without adequate recitation of the facts relied upon has been deemed a waiver of the arguments listed.' Hamm v. State
• holding that a court cannot grant a motion to dismiss “based on the insufficiency or absence of opposition”
• suggesting that a plaintiff’s failure to respond to any motion under Rule 12 does not on its own warrant dismissal
• instructing district courts to “make a determination on the merits” of a motion to dismiss even when the plaintiff has not filed an opposition
• “Because a motion under Rule 12(b)(6) presents a pure legal question, based on allegations contained within the four corners of the complaint, the district court is equipped to make a determination on the merits.”
• “‘Where… the pleadings are themselves sufficient to withstand dismissal, a failure to respond to a 12(c) motion cannot constitute a “default” justifying dismissal of the complaint.’” (quoting Maggette v. Dalsheim, 709 F.2d 800, 802 (2d Cir. 1983))

Source: CourtListener parenthetical corpus (CC0).