Halopen output
“"The defendant’s reliance on Smith v. Johnson is misplaced. The Smith court addressed an entirely distinct procedural posture — a motion to dismiss under 12(b)(6) — and turned on a pleading deficiency that does not exist here. The instant motion arises after discovery, on a fully developed factual record. The Sixth Circuit has consistently held that the standard articulated in Smith does not extend to summary judgment posture; see Hanover v. Allied, 412 F.3d 521, 524 (6th Cir. 2008)."”
- · Case names captured (Smith v. Johnson, Hanover v. Allied)
- · Procedural rule citation captured (12(b)(6))
- · Reporter citation with court abbreviation captured (412 F.3d 521, 524 (6th Cir. 2008))
- · Legal-writing register preserved