Caster v. Hennessey, 85-5606
| Decision Date | 14 February 1986 |
| Docket Number | No. 85-5606,85-5606 |
| Citation | 781 F.2d 1569 |
| Parties | Paul CASTER, Plaintiff-Appellant, v. Thomas H. HENNESSEY and St. Mary's Hospital, Defendants-Appellees. Non-Argument Calendar. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Steven M. Kramer, Philadelphia, Pa., for plaintiff-appellant.
David Crow, West Palm Beach, Fla., for defendant-appellee.
Rosemary Cooney, West Palm Beach, Fla., for St. Mary's Hosp.
Appeal from the United States District Court for the Southern District of Florida.
Before GODBOLD, Chief Judge, HILL and ANDERSON, Circuit Judges.
Appellant commenced a defamation action based on allegedly libelous statements contained in his personnel record which were published to prospective employers. The complaint contained a copy of the allegedly libelous material but stated only general information as to its publication. The district court ordered appellant to file an amended complaint within fifteen days, to specifically name and identify the individuals to whom the material was published and the dates of publication. Appellant filed an amended complaint listing several persons and varying time periods, ranging from one month to four years, during which the material was published. The district court dismissed appellant's complaint because he failed to set forth specific allegations to support his claim under Florida law and the amended complaint was not filed within the prescribed time period.
Although Florida substantive law applies to this diversity action, Church of Scientology of California v. Cazares, 638 F.2d 1272, 1286 (5th Cir.1981), federal procedural law governs. Hanna v. Plumer, 380 U.S. 460, 465-474, 85 S.Ct. 1136, 1140-1145, 14 L.Ed.2d 8 (1965). While Florida requires, perhaps wisely, specific allegations of publication in the complaint, see e.g., Buckner v. Lower Florida Keys Hospital District, 403 So.2d 1025, 1027-28 (Fla.Dist.Ct.App.1981), cert. denied, 412 So.2d 463 (Fla.1982), Ocala Loan Co. v. Smith, 155 So.2d 711, 715-16 (Fla.Dist.Ct.App.1963), under Hanna a federal court need not adhere to a state's strict pleading requirements but should instead follow Fed.R.Civ.P. 8(a). 5 Wright, Miller & Kane, Federal Practice and Procedure: Civil Sec. 1245 (1985 Supp.). In contrast to Florida's strict pleading requirements, Fed.R.Civ.P. 8(a)(2), simply requires that a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief." This...
To continue reading
Request your trial
-
Pierson v. Orlando Regional Healthcare Systems
...that a complaint must contain `a short and plain statement of the claim showing that the pleader is entitled to relief.'" 781 F.2d 1569, 1570 (11th Cir.1986) (citation omitted); accord Leavitt v. Cole, 291 F.Supp.2d 1338, 1341 (M.D.Fla.2003) ("Although a forum state may apply a heightened p......
-
Federal Deposit Ins. Corp. v. Haddad
...complaint shall contain "a short and plain statement of the claim showing that the pleader is entitled to relief". Caster v. Hennessey, 781 F.2d 1569, 1570 (11th Cir. 1986). Courts have interpreted this standard liberally. While the pleading must be sufficient to give the defendant fair not......
-
In re Southeast Banking Corp.
...a complaint shall contain "a short and plain statement of the claim showing that the pleader is entitled to relief". Carter v. Hennessey, 781 F.2d 1569, 1570 (11th Cir.1986). Courts have interpreted this standard liberally. While the pleading must be sufficient to give the defendant fair no......
-
Adventure Outdoors, Inc. v. Bloomberg
...is entitled to relief." Rule 8(a) is constitutional and falls within the scope of the Rules Enabling Act. See Caster v. Hennessey, 781 F.2d 1569, 1570 (11th Cir.1986) (holding that under Hanna federal court should follow Rule 8(a) rather than state's strict pleading requirements). See also ......