Federal Judiciary

Shotgun Pleading Gets Caught in the Crosshairs

By Robert Loblaw

Davis v. Coca Cola Bottling Co., 05-12988 (11^th Cir., Feb. 6, 2008)

If the framers of the Federal Rules of Civil Procedure could read the record in this case ? beginning with the plaintiffs? complaint and [defendant]?s answer and continuing to the district court?s final order granting [the defendant] summary judgment ? they would roll over in their graves. . . . The complaint is a model “shotgun” pleading of the sort this court has been roundly, repeatedly, and consistently condemning for years, long before this lawsuit was filed. And the defendant?s answer is no better.

These and many more harsh words come at the end of an Eleventh Circuit decision in a sprawling Title VII complaint alleging racial discrimination at Coca Cola. The decision largely affirms a defendant-friendly summary judgment ruling, but the panel takes the opportunity to explain why shotgun pleading — i.e. throwing everything but the kitchen sink into a complaint — is destroying civil litigation as we know it. It?s well worth a read.

Full post as published by Decision of the Day on February 06, 2008 (boomark / email).