Saturday , April 10 2021

Seventh Circuit Weighs in on Circuit Split and Concludes that Courts Cannot Grant Rule 12(b)(6) Motions to Dismiss Solely Because They are Unopposed – JD Supra

Summary In Marcure v. Lynn, --- F.3d ---, 2021 WL 1138110 (Mar. 25, 2021), the Seventh Circuit joined six of its sister circuits (and split from two others) in concluding that Federal Rule of Civil Procedure 12(b)(6) prevents courts from granting unopposed motions to dismiss solely because no response has been filed. The case involved a dispute between a pro se plaintiff and several defendants, including police officers, prosecutors, defense attorneys, and relatives. The police officers filed...


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