8 Cited authorities

Magluta v. Samples
256 F.3d 1282 (11th Cir. 2001) Cited 546 times
Holding that a complaint was a shotgun complaint when, among other issues, the complaint was 58-pages long and contained at least 146 numbered paragraphs
Jefferson v. Lead Industries Ass'n, Inc.
106 F.3d 1245 (5th Cir. 1997) Cited 283 times 2 Legal Analyses
Holding that a plaintiff cannot recover from a manufacturer for damage caused by a product on the basis of any theory of liability not set forth in the LPLA
Sisk v. Texas Parks & Wildlife Department
644 F.2d 1056 (5th Cir. 1981) Cited 58 times
Reversing dismissal for failure to state a claim and noting that "[i]f a complaint is ambiguous or does not contain sufficient information to allow a responsive pleading to be framed, the proper remedy is a motion for a more definite statement under Rule 12(e)" rather than dismissal
Adams v. Franklin
CIVIL ACTION 99-D-815-N (M.D. Ala. Jul. 31, 2000) Cited 26 times
Holding that deputy sheriffs, as alter-egos of the Sheriff, were acting within the scope of their discretionary authority when they made decisions regarding incarceration, including whether and how to administer medical care
Cherokee Electric Cooperative v. Cochran
706 So. 2d 1188 (Ala. 1997) Cited 22 times
Holding that death is a great harm and that Alabama can " ‘attempt to preserve life by making homicide expensive’ " (quoting Louis Pizitz Dry Goods Co. v. Yeldell, 274 U.S. 112, 116, 47 S.Ct. 509, 71 L.Ed. 952 (1927) )
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 361,353 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,831 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 20 - Permissive Joinder of Parties
Fed. R. Civ. P. 20 Cited 11,808 times 22 Legal Analyses
Granting courts authority to "issue orders-including an order for separate trials."

Bain et al v. A.O.Smith Electrical et al

8 Cited authorities

Holding that a complaint was a shotgun complaint when, among other issues, the complaint was 58-pages long and contained at least 146 numbered paragraphs

Holding that a plaintiff cannot recover from a manufacturer for damage caused by a product on the basis of any theory of liability not set forth in the LPLA

Reversing dismissal for failure to state a claim and noting that "[i]f a complaint is ambiguous or does not contain sufficient information to allow a responsive pleading to be framed, the proper remedy is a motion for a more definite statement under Rule 12(e)" rather than dismissal

Holding that deputy sheriffs, as alter-egos of the Sheriff, were acting within the scope of their discretionary authority when they made decisions regarding incarceration, including whether and how to administer medical care

Holding that death is a great harm and that Alabama can " ‘attempt to preserve life by making homicide expensive’ " (quoting Louis Pizitz Dry Goods Co. v. Yeldell, 274 U.S. 112, 116, 47 S.Ct. 509, 71 L.Ed. 952 (1927) )

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Granting courts authority to "issue orders-including an order for separate trials."