Legal Opinion
Allred v. BROEKHUIS
District Court, W.D. Michigan
Decided October 18, 2007No. 1:07-cv-174Published
1Opinion of the Court
OPINION
ROBERT HOLMES BELL, Chief Judge.
This is a personal injury action arising out of a collision between two off-road vehicles. Defendants have filed a motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). For the reasons that follow their motion will be denied.
I
The standard of review for a Rule 12(c) motion for judgment on the pleadings is nearly identical to that employed for a Rule 12(b) (6) motion to dismiss for failure to state a claim upon which relief can be granted. Kottmyer v. Maas, 436 F.3d 684, 689 (6th Cir.2006). In reviewing a Rule 12(c) motion…
2Cases cited8 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Kevin W. Ziegler v. Ibp Hog Market, Inc.Court of Appeals for the Sixth Circuit · 2001
- Kottmyer v. MaasCourt of Appeals for the Sixth Circuit · 2006
- Meridian Mutual Insurance Company v. Roslyn E. Kellman, Skender Bajrami, Individually and Doing Business as Kopliku Painting CompanyCourt of Appeals for the Sixth Circuit · 1999
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