In Briskin v. Shopify, No. 22-15815 (9th Cir. Apr. 21, 2025) (en banc), the Ninth Circuit considers a customer privacy claim by a California resident against a Canadian online retailer and its American subsidiaries. The court (10-1) reverses the lower court’s dismissal on personal jurisdiction grounds, overruling AMA Multimedia, LLC v. Wanat, 970 F.3d 1201Continue reading “En Banc Ninth Circuit Overrules Case Authority That Personal Jurisdiction Over an Online Business Requires That Its Marketing Be Shown to Have a “Forum-Specific Focus””
Tag Archives: Fed. R. Civ. P. 8(a)(2)
En Banc Eighth Circuit Realigns Itself with Other Courts of Appeals, Overrules “Clear Statement” Pleading Rule for Official Capacity § 1983 Complaints
The en banc Eighth Circuit in S.A.A. v. Geisler, No. 23-3119 (8th Cir. Feb. 7, 2025), holds (9-2) that a plaintiff need not expressly allege in a 42 U.S.C. § 1983 complaint whether they are suing a named defendant in their individual capacity (the “clear statement rule”). The circuit adopts the “course of proceedings test”Continue reading “En Banc Eighth Circuit Realigns Itself with Other Courts of Appeals, Overrules “Clear Statement” Pleading Rule for Official Capacity § 1983 Complaints”
Sixth Circuit Affirms Dismissal of 108-Page Prisoner Complaint for Lack of Clarity Under Fed. R. Civ. P. 8
In Kensu v. Corizon, Inc., No. 21-1083 (6th Cir.July 20, 2021), the Sixth Circuit holds that the district court did not abuse its discretion by dismissing a complaint that it found was “woefully short on specifics,” “frequently connect[ed] back to conditions or complaints already litigated,” and “lack[ed] the substance needed for Defendants to answer andContinue reading “Sixth Circuit Affirms Dismissal of 108-Page Prisoner Complaint for Lack of Clarity Under Fed. R. Civ. P. 8”
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