§Why CasetextPricing

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

RESPONSE to Motion re MOTION for More Definite Statement, 213 MOTION for Joinder AND ADOPTION IN RAPID AMERICAN CORPORATION'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION TO SEVER AND FOR MORE DEFINITE STATEMENT, 200 MOTION to Dismiss or in the Alternative, Motion to Sever and for More Definite Statement, and Memorandum in Support Thereof, MOTION to Sever Corrected

14 Cited authorities

  1. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,584 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  2. Moore v. Comfed Sav. Bank

    908 F.2d 834 (11th Cir. 1990)   Cited 57 times
    Holding that a series of distinct contracts giving rise to similar, serial complaints qualifies as a single "series of transactions" proper for permissive joinder under Rule 20

  3. Haghkerdar v. Husson College

    226 F.R.D. 12 (D. Me. 2005)   Cited 20 times
    Denying motion for a more definite statement where employment discrimination plaintiff did not plead claims in separate counts

  4. U.S. v. All Funds on Deposit

    801 F. Supp. 984 (E.D.N.Y. 1992)   Cited 26 times
    Burden-shifting "is inherently unfair to claimants"

  5. Frat. Ord. of Police, Strawberry L. # 40 v. Entrekin

    294 Ala. 201 (Ala. 1975)   Cited 34 times
    In Entrekin, supra, this Court noted that it is appropriate for the trial court to stay proceedings in a case and to retain jurisdiction pending agency review when the doctrine of primary jurisdiction is applicable.

  6. Mack v. J.C. Penney Co.

    108 F.R.D. 30 (S.D. Ga. 1985)   Cited 4 times

    On defendant's motion for reconsideration of joinder order, the District Court, Edenfield, J., held that amended complaint was sufficient for maintaining joinder of plaintiffs in employment discrimination action even though it did not inform court of facts necessary for it to conclude whether the claims were reasonably related and bore a logical relationship to each other. Motion denied. Amanda Williams, Brunswick, Ga., Fletcher Farrington, Louisa Abbott, Savannah, Ga., for plaintiffs. James Allan

  7. Wycoff v. Nichols

    32 F.R.D. 369 (W.D. Mo. 1962)   Cited 8 times
    In Wycoff v. Nichols, 32 F.R.D. 369 (W.D.Mo. 1962) it was held that the proper method of determining what acts of "negligence" relied upon is by means of discovery, not by motion to make more definite and certain.

  8. Laning v. C. R. Crim Bldg. Co.

    259 Ala. 268 (Ala. 1953)   Cited 8 times

    6 Div. 539. May 21, 1953. Rehearing Denied June 30, 1953. Appeal from the Circuit Court, Jefferson County, J. Edgar Bowron, J. Hogan Callaway, Birmingham, for appellant. Counts 5 and 6 state a good cause of action. Williams v. Bolding, 220 Ala. 328, 124 So. 892; Thompson v. Alexander City Cot. Mills, 190 Ala. 184, 67 So. 407; 38 Am.Jur. 795, §§ 134, 145-6, 151, 153, 156, 360; Alabama By-Prod. Corp. v. Cosby, 217 Ala. 144, 115 So. 31; Gandy v. Copeland, 204 Ala. 336, 86 So. 3; Needham v. Birmingham-Trussville

  9. Flack-Beane Lumber Co. v. Bass

    62 So. 2d 235 (Ala. 1952)   Cited 8 times

    4 Div. 633. December 18, 1952. Appeal from the Circuit Court, Covington County, Bowen W. Simmons, J. J. C. Fleming, Elba, for appellant. Donald F. Colquett, Opp, for appellee. LIVINGSTON, Chief Justice. The appeal is from a final judgment for the plaintiff for three hundred dollars, rendered by the Circuit Court of Covington County, Alabama, without the intervention of a jury. The sole assignment of error is the rendition of the judgment. Plaintiff in the court below, appellee here, sued the defendant

  10. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 166,361 times   198 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,494 times   340 Legal Analyses
    Requiring that fraud be pleaded with particularity

  12. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,944 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  13. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 16,400 times   63 Legal Analyses
    Specifying prohibited activities

  14. Rule 20 - Permissive Joinder of Parties

    Fed. R. Civ. P. 20   Cited 12,016 times   22 Legal Analyses
    Granting courts authority to "issue orders-including an order for separate trials."