Kirksey v. R.J. Reynolds Tobacco Co.
United States Court of Appeals for the Seventh Circuit
168 F.3d 1039 (1999)
Kirksey, as executor of her husband's estate (plaintiff), sued R.J. Reynolds Tobacco Co. and another cigarette manufacturer (defendants) under Illinois law in diversity, alleging they hastened her husband's lung-cancer death by falsely advertising their cigarettes as non-addictive and by secretly adding addictive agents. The defendants moved to dismiss under Rule 12(b)(6), and Kirksey responded only by arguing she was not yet obligated to specify the legal bases for her claims and that her allegations were not easily characterized by existing doctrine but still met Rule 8(a)(2)'s notice-pleading standard; the district court held she had effectively waived her claims by failing to substantively respond to the motion, and she appealed.
Whether a complaint that satisfies the notice pleading requirements of Federal Rule of Civil Procedure 8(a)(2) is still subject to dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6).