§Why CasetextPricing

North Carolina Mutual Life Insurance Company v. Stamford Brook Capital, LLC et al

MEMORANDUM

27 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Francis v. Giacomelli

    588 F.3d 186 (4th Cir. 2009)   Cited 3,910 times
    Holding that the defendant was entitled to qualified immunity since "his actions were not clearly unlawful when performed"

  4. King v. Rubenstein

    825 F.3d 206 (4th Cir. 2016)   Cited 1,710 times   2 Legal Analyses
    Holding that, where district court neither gave plaintiff the opportunity to amend nor stated why amendment would be futile, dismissal should be without prejudice

  5. Harrison v. Westinghouse Savannah River Co.

    176 F.3d 776 (4th Cir. 1999)   Cited 1,987 times   10 Legal Analyses
    Holding that the plaintiff's allegation that the defendant represented that a particular project would take 1.5 years to complete, even though it knew it would take significantly longer, constituted a false statement under the FCA

  6. Dalton v. Camp

    353 N.C. 647 (N.C. 2001)   Cited 603 times   9 Legal Analyses
    Holding that the duty of loyalty creates no cause of action but may serve as an employer's defense to a claim of wrongful discharge

  7. White v. Consolidated Planning, Inc.

    166 N.C. App. 283 (N.C. Ct. App. 2004)   Cited 164 times   4 Legal Analyses
    Holding that equitable estoppel can apply in certain circumstances to toll a North Carolina statute of limitations

  8. Walker v. Fleetwood Homes

    362 N.C. 63 (N.C. 2007)   Cited 142 times
    Concluding that the jury's findings that "defendant failed to perform repairs completely and in a workmanlike and competent manner, and that defendant repeatedly failed to respond promptly to plaintiffs’ complaints regarding those repairs" were alone insufficient "to reach conclusions of law required under § 75-1.1 as to whether defendant's actions were deceptive, immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers"

  9. First Atl. Mngmt. Corp. v. Dunlea Realty Co.

    131 N.C. App. 242 (N.C. Ct. App. 1998)   Cited 156 times
    Holding that denial of motion to strike is interlocutory and not generally immediately appealable

  10. McCauley v. Home Loan Inv. Bank, F.S.B.

    710 F.3d 551 (4th Cir. 2013)   Cited 103 times
    Finding Rule 9(b) satisfied where the complaint alleged fraud in late summer or fall 2006 at plaintiff's house when an appraiser falsely stated that plaintiff's house was worth at least $51,000, causing plaintiff to accept a $51,000 loan

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 346,412 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,956 times   317 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 75-1.1 - Methods of competition, acts and practices regulated; legislative policy

    N.C. Gen. Stat. § 75-1.1   Cited 1,988 times   111 Legal Analyses
    Declaring unlawful "unfair or deceptive acts or practices in or affecting commerce"