· 11/10/2008
Muhammad v. Oliver
Citations
- 547 F.3d 874
- 2008 U.S. App. LEXIS 23709
- 2008 WL 4831758
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that when an affirmative defense, like claim preclusion, is “disclosed in the complaint, it provides a proper basis for a Rule 12(b)(6) motion”
- stating that it is “irrelevant” whether the plaintiff and the defendant have a contract under § 1981
- noting that if “‘the parties have agreed in terms or in effect that plaintiff may split his claim,’ . . . the bar of res judicata is lifted.”
- noting that “[n]o purpose would be served by compelling [a] defendant to file an answer rather than proceed by motion when the plaintiff has pleaded the answer himself’
- reiterating in dicta “that tortious interference with contract rights violates section 1981 when the motivation for the interference is racial”
- “[I]f there is an executed standstill agreement, one would expect an allegation to that effect. There is none. The complaint's silence is deafening.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cudahy, Posner, Rovner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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