· 10/18/2001
Larry Davis v. Ruby Foods, Inc., Doing Business as Dunkin' Donuts, Inc., and Baskin-Robbins, Inc.
Citations
- 269 F.3d 818
- 50 Fed. R. Serv. 3d 1457
- 2001 U.S. App. LEXIS 22487
- 81 Empl. Prac. Dec. (CCH) 40,748
- 87 Fair Empl. Prac. Cas. (BNA) 314
- 2001 WL 1243400
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that when the complaint otherwise satisfied Rule 8, inclusion of irrelevant material did not justify dismissal of the suit
- holding that a district court abuses its discretion by “dismiss[ing] a complaint merely because it contains repetitious and irrelevant matter, a disposable husk around a core of proper pleading”
- holding that a district court is not “authorized to dismiss a complaint merely because it contains repetitious and irrelevant matter, a disposable husk around a core of proper pleading”
- finding that “dismissal of a complaint on the ground that it is unintelligible is unexceptionable.”
- stating that motions to strike where the material is not 27 “actually prejudicial” “are what give ‘motion practice’ a deservedly bad name.”
- suggesting that any claim that may survive a Rule 12(b)(6) challenge meets the pleading requirements of Rule 8
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Ripple, Wood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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