Plaintiff’s default judgment request denied when allegations are conclusions of law that cannot be admitted to by the defendant.

The plaintiff alleged intentional assault, battery and gross negligence against a member of the opposing rugby team. The court denied the plaintiff’s request to enter default judgment without prejudice because the court could not separate out the mere recitations of the legal elements and determine whether the factual allegations standing alone constitute a plausible claim for relief with application of the Tomboy/Lqbal standard. The plaintiff was given 30 days to file and serve an amended complaint with specificity.

_{Case Law Alerts, 2^nd Quarter, April 2015}

_{Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2015 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}