Thursday, June 26, 2008
Today was the final opinion day for the Court this term. Am I wrong in observing that this seemed to be a slow term for decisions relating to jurisdiction and procedure? --RR
Tuesday, June 24, 2008
In case you haven’t seen this yet on the Federal Civil Practice Bulletin, the Sixth Circuit recently decided Sensations Inc. v. City of Grand Rapids. There, Plaintiffs-Appellants argued that by considering the legislative record attached to Defendants' motion, the district judge improperly converted a motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) into a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. The Sixth Circuit had previously held that a district court improperly converts a Rule 12(c) motion into a Rule 56 motion when the district judge merely “fail[s] to exclude presented outside evidence.” In this case, however, the court held that the legislative record did not constitute such an external document because Sensations attached a copy of the ordinance to its complaint as Exhibit A. Therefore, under Rule 10(c), the court treated the ordinance as part of the pleadings.
A more in-depth synopsis of this case can be found on the Federal Practice Bulletin here: http://federalcivilpracticebulletin.blogspot.com/2008/06/sixth-circuit-permits-consideration-of.html
The case in full may be found here. --Counseller/eh