Saturday, November 28, 2015
American Nurses Association v. Illinois case brief summary
American Nurses Association v. Illinois case brief
1986 U.S. Ct of Appeals 7th circuit
Posture: Ct of Appeals reversed and remanded the case to the trial ct. The trial court decided to dismiss the complaint. The case began in Illinois federal court.
Facts: Class action against the State of Illinois with sex discrimination, the complaint is a wage complaint. The district judge dismissed the complaint because it was a comparable worth case which does not violate federal anti-discrimination law. Plaintiff appeals because that was not what the case was about.
Reasoning: If they really are just complaining about a lack of a comparable worth study to make sure men and women get the same pay, then there is no case. Posner wants to look closer at the complaint. A complaint cannot be dismissed merely because it includes invalid claims along with a valid claim. Posner says that when a defendant is unclear about a particular allegation, the plaintiff must amend for a more definite statement. Otherwise, it would not be fair. He finds that if the government willfully decided not to pay comparable wages because they thought men deserved to pay more, then the complaint can exist and survive a motion to dismiss. A complaint is not required to allege all, or even any, of facts logically entailed by the claim.
Essential Guides and Hornbooks for Law School
Examples and Explanation SeriesCivil Procedure: Examples & Explanations 5th edition Contracts: Examples and Explanations (Examples & Explanations Series) Criminal Law (The Examples & Explanations Series) Constitutional Law--National Power and Federalism: Examples and Explanations (Examples & Explanations Series)
Prosser and Keeton on Torts, 5th Edition Civil Procedure (Hornbook) Constitutional Law (Hornbook Series)
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