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· 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 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.