Magluta v. Samples
256 F.3d 1282 (11th Cir. 2001) Cited 541 timesHolding 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 282 times 2 Legal AnalysesHolding 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 timesReversing 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
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 357,280 times 950 Legal AnalysesGranting 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 161,761 times 197 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,838 times 331 Legal AnalysesRequiring that fraud be pleaded with particularity
Rule 20 - Permissive Joinder of Parties
Fed. R. Civ. P. 20 Cited 11,657 times 22 Legal AnalysesGranting courts authority to "issue orders-including an order for separate trials."