Legal Opinion
Phillip Layton v. United States of America, Reba J. Richardson, Administratrix of the Estate of Ronnie Richardson, Deceased v. United States
Court of Appeals for the Eighth Circuit
Decided November 28, 1990No. 89-2754, 89-2804PublishedCited by 26 opinions
1Opinion of the Court
HEANEY, Senior Circuit Judge.
Reba Richardson and Phillip Layton appeal from a grant of summary judgment for the government. 1 They contend that the district court erred in converting a motion to dismiss under Federal Rule of Civil Procedure 12(b)(1) into a motion for summary judgment without first notifying them of this conversion and providing them with an opportunity to respond. Appellants further contend that the district court erred in relying on Arkansas’ assumption of risk doctrine to dismiss several of their claims. We agree that the district court erred in granting the summary…
2Cases cited20 opinions
- Williams v. City of St. LouisCourt of Appeals for the Eighth Circuit · 1986
- Property Management & Investments, Inc. v. Gerald A. LewisCourt of Appeals for the Eleventh Circuit · 1985
- Arthur Davis v. Kay Bryan, Raymond Lopes, Aaron Ment, John D. Brennan and George BronsonCourt of Appeals for the Second Circuit · 1987
- W. M. Bashlin Co. v. SmithSupreme Court of Arkansas · 1982
- McMichael v. United StatesCourt of Appeals for the Eighth Circuit · 1988
15 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Hamm v. Rhone-Poulenc Rorer Pharmaceuticals, Inc.Court of Appeals for the Eighth Circuit · 1999
- ABF Freight System, Inc. v. International Brotherhood of TeamstersCourt of Appeals for the Eighth Circuit · 2011
- Keith Gibb v. John Scott, Keith Gibb v. World Book, Inc.Court of Appeals for the Eighth Circuit · 1992
- Phillip Layton v. United States of America, Reba J. Richardson, Administratrix of the Estate of Ronnie Richardson, Deceased v. United StatesCourt of Appeals for the Eighth Circuit · 1993
- Geraldine Davis v. Mike HuckabeeCourt of Appeals for the Eighth Circuit · 2004
21 more not listed; retrieve them via the Exa API.