Friday, December 28, 2012
DC Circuit -- Sharon Rollins v. Wackenhut Services, Inc.
Issuance of gun to employee was not enough to defeat per se rule that suicide is an intervening cause sufficient to bar negligence liability - trial court correctly dismissed claim sua sponte.
Certification of question to DC Ct. App. inappropriate.
Leave to amend properly denied, as request was made in the alternative at the end of another motion, and no copy of the proposed amendment was attached to the motion.
No error in denial with prejudice, given unlikely nature of claim.
Concurrence - many thoughts on 12(b)(6), inter alia, if dismissal of claim is on motion, plaintiff has leave to amend.
Sharon Rollins v. Wackenhut Services, Inc.
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Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.
Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.
Author's SSRN page here.