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· 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 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.