· 12/18/2012
Shay v. Walters
Citations
- 702 F.3d 76
- 2012 U.S. App. LEXIS 25843
- 2012 WL 6577207
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a 12(c) motion for judgment on the pleadings “must be evaluated as if it were a motion to dismiss”
- holding that the failure of a defamation claim \pretermits continued prosecution\ of an emotional distress claim that arises out of the \same nucleus of operative facts\ and is \premised upon the same conduct and harm\ as the defamation claim
- dismissing a complaint that contained conclusory allegations about ‘ill-will’ and ‘actual malice,’ but no factual assertions to support these conclusions.”
- “inquiring court need not give weight to bare conclusions, un-embellished by pertinent facts”
- requiring at least negligence to impose liability on defendant for defamation
- \Statutes of limitations are critically important in the due administration of justice. They should not be lightly discarded.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Howard, Selya, Torruella
Read full opinion on CourtListenerSourced 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.