In re Ayodele

How courts have described this case

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

• holding that the question on a motion to dismiss “is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims” (citation omitted)
• noting that a court may “properly exercise its staying power when a higher court is close to settling an important issue of law bearing on the action”
• staying a claim under the Alien Tort Statute pending the Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum
• noting that a court may “properly exercise its staying power” to await a high court decision “bearing on the action,” even when “the issues in [a higher court’s] proceedings are [not] necessarily controlling on the action” in the lower court and “may not settle every question of fact and law”
• noting that a court may “properly exercise its staying power” to await a high court decision “bearing on the action,” even when ‘the issues in [a higher court’s] proceedings are [not] necessarily controlling on the action” in the lower court and “may not settle every question of fact and law”
• A court may “properly exercise its staying power when a higher court is close to settling an important issue of law bearing on the action.”

Source: CourtListener parenthetical corpus (CC0).