In the Headlines
July 22, 2024

11th Circuit Recent Dismissal Ruling Could Impact How 'Plaintiffs Draft Their Complaints,' Litigator Predicts

Daily Report

Litigation attorney Phil Rothschild was quoted in a Daily Report article about the potential impact of a recent U.S. Court of Appeals for the Eleventh Circuit ruling on future trials in Georgia, Florida and Alabama. The court's opinion clarified that courts can, under the incorporation-by-reference doctrine, consider documents not originally referenced in complaints when deciding on requests to dismiss a case with prejudice, as long as the documents are central to the plaintiff's claims and their authenticity is not disputed. Mr. Rothschild suggested that this ruling could result in more cases being dismissed early on and may influence the way plaintiffs approach drafting their complaints.

"My gut, based on my experiences, says it will have a significant effect and change how plaintiffs draft their complaints," he said. "The cards are on the table early."

Mr. Rothschild also co-authored a Holland & Knight client alert on this topic.

READ: 11th Circuit Recent Dismissal Ruling Could Impact How 'Plaintiffs Draft Their Complaints,' Litigator Predicts (Subscription required)

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