Quote:
Originally Posted by JoeRedskin
CSX Transp., Inc. v. Pitts, 203 Md. App. 343 (2013). I had not read it and did just a cursory review of the opinion. I didn't see any discussion on assumption of the risk - questions as to Fed preemption, notice and damage issues. Maybe I missed it.
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its not a 2013 case, its from the 70s or 80s .. havent read it in 5 plus years. not a big deal.
i think a 12(b)(6) failure to state a claim motion to dismiss may require an amended complaint bc the complaint doesnt appear to state any specific dates of injury/negligence to any particular/specific party. im dealing with one of those right now.
also, maybe the specific employees of the NFL, nfl teams may need to be named as parties for respondeat superior pleading purposes but i am not sure if fed rules allow for a lessening of the pleadings in class action cases. im guessing they do.