Legal Opinion
Witherspoon v. Philip Morris Inc.
District Court, District of Columbia
Decided May 2, 1997No. Civil Action 96-02322PublishedCited by 52 opinions
1Opinion of the Court
MEMORANDUM
JUNE L. GREEN, District Judge.
Before the Court are Defendant’s Motion to Dismiss Counts I through III and V through IX of Plaintiffs’ Complaint with prejudice for failure to state a claim and Motion to Strike portions of Plaintiffs’ Complaint. For the reasons stated below, the motion to dismiss is granted for Counts II, III, VI and IX. Plaintiff is granted leave to amend Counts I and V to plead satisfactorily fraud by nondisclosure and to amend the prayer for relief. Furthermore, Plaintiff is granted leave to amend the Complaint to satisfy the short and plain pleading requirement.
i:…
2Cases cited29 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Powers v. OhioSupreme Court of the United States · 1991
- Potter v. Firestone Tire & Rubber Co.California Supreme Court · 1993
- Howard University v. BestDistrict of Columbia Court of Appeals · 1984
24 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Doe Ex Rel. Doe v. Roman Catholic Diocese of NashvilleTennessee Supreme Court · 2005
- In Re New Motor Vehicles Canadian Export Antitrust LitigationDistrict Court, D. Maine · 2004
- Smith v. Brown & Williamson Tobacco Corp.District Court, District of Columbia · 1998
- Spain v. Brown & Williamson Tobacco Corp.Supreme Court of Alabama · 2003
- McWILLIAMS BALLARD v. BROADWAY MANAGEMENT COMPANY, INC.District Court, District of Columbia · 2009
47 more not listed; retrieve them via the Exa API.