Zuanich v. Hankook Tire Am. Corp.

3 Citing cases

  1. Hurry v. Gen. Motors

    622 F. Supp. 3d 1132 (M.D. Ala. 2022)   Cited 9 times
    Applying Alabama law

    (1) precisely what statements were made in what documents or oral representations or what omissions were made, and (2) the time and place of each such statement and the person responsible for making (or, in the case of omissions, not making) same, and (3) the content of such statements and the manner in which they misled the plaintiff, and (4) what the "defendants obtained as a consequence of the fraud."Brooks v. Blue Cross & Blue Shield of Fla., 116 F.3d 1364, 1371 (11th Cir. 1997) (per curiam) (citation omitted); accord Zuanich v. Hankook Tire Am. Corp., 2018 WL 6709466, at *5 (M.D. Ala. Dec. 20, 2018). "However, 'alternative means are also available to satisfy the rule.' "

  2. Roane Cnty. v. Jacobs Eng'g Grp.

    No.: 3:19-cv-206-TAV-HBG (E.D. Tenn. Sep. 30, 2020)   Cited 2 times

    Although Plaintiffs are free to plead alternative causes of action, their Amended Complaint does not provide the requisite fair notice to Defendants that this is what they have done. See Zuanich v. Hankook Tire Am. Corp., No. 3:18-CV-159-WKW, 2018 WL 6709466, at *2 (M.D. Ala. Dec. 20, 2018) ("'Complaints that violate either Rule 8(a)(2) or Rule 10(b), or both, are often disparagingly referred to as 'shotgun pleadings . . . .' [One] type[] of shotgun pleading[] . . . 'commits the sin of not separating into a different count each cause of action or claim for relief . . . .'" (quoting Weiland, 792 F.3d at 1320-23)).

  3. Hamby v. Baylor Trucking

    CASE NO. 3:19-CV-285-WKW [WO] (M.D. Ala. Jul. 23, 2019)   Cited 3 times
    Recognizing the AEMLD as Alabama's response to strict products liability

    That will not do. See, e.g., Zuanich v. Hankook Tire Am. Corp., No. 18-cv-159, 2018 WL 6709466, at *4 (M.D. Ala. Dec. 20, 2018) (dismissing a wantonness claim); Smith v. Thomas, No. 12-cv-125, 2013 WL 800697, at *7 (M.D. Ala. Mar. 4, 2013) (same). Hamby cannot simply recite a string of adjectives; he must allege enough facts to nudge his claim "across the line from conceivable to plausible."