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· 3/5/2010

PVC Windoors, Inc. v. Babbitbay Beach Construction, N.V.

Citations

  • 598 F.3d 802
  • 76 Fed. R. Serv. 3d 133
  • 2010 U.S. App. LEXIS 4735
  • 2010 WL 743730

How courts have described this case

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

  • noting that shotgun pleadings require the district court to sift through allegations to separate the meritorious claims from the unmeritorious, resulting in a “massive waste of judicial and private resources”
  • indicating that a typical shotgun pleading requires the district court to sift through allegations to separate the meritorious claims from the unmeritorious, resulting in a “massive waste of judicial and private resources”
  • finding a “typical shotgun pleading” where the last of a complaint’s ten counts “amounts to an amalgamation of all counts”
  • finding a “typical shotgun pleading” where the last of a complaint’s ten counts “amounts to an amalgamation of all counts”
  • explaining that “[o]nly where the long-arm statute provides jurisdiction do we proceed to the second step” and evaluate due process because “federal courts are duty bound to avoid a constitutional question if answering the question is unnecessary to the adjudication of the claims at hand”
  • finding no jurisdiction over Kentucky company that solicited bid in Florida through “telephonic and other electronic means” to perform work at beach resort in St. Maarten and did not set foot in Florida

Source: CourtListener parenthetical corpus (CC0).

Judges: Tjoflat, Carnes, Thrash

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.