§Why CasetextPricing

PNC Bank NA et al v. 2013 Travis Oak Creek GP LLC et al

Response in Opposition to Motion

16 Cited authorities

  1. Harvey v. Grey Wolf

    542 F.3d 1077 (5th Cir. 2008)   Cited 1,252 times   2 Legal Analyses
    Holding that the citizenship of a limited liability company is determined by the citizenship of its members

  2. Scanlan v. Tex. A&M Univ.

    343 F.3d 533 (5th Cir. 2003)   Cited 741 times
    Holding that "[i]n determining whether to grant a motion to dismiss, the district court must not go `outside of the pleadings'" except for in the limited exception where documents that are "referred to in the plaintiff's complaint and are central to the plaintiff's claim" are attached to a motion to dismiss

  3. Sullivan v. Leor Energy, LLC

    600 F.3d 542 (5th Cir. 2010)   Cited 366 times
    Holding employment agreement with stated term of two and a half years was subject to the statute of frauds even though employee could be terminated without cause

  4. Harris v. Amoco Production Co.

    768 F.2d 669 (5th Cir. 1985)   Cited 174 times
    Holding that the EEOC was not entitled to "receive full use of material discovered as an intervenor, whether that use is further investigation, litigation, or interagency cooperation."

  5. Medical Liab. v. Alan Curtis

    485 F.3d 1006 (8th Cir. 2007)   Cited 62 times
    Finding that a putative intervenor did not have a cognizable interest when the asserted interest was an economic interest in the outcome of the litigation to potentially satisfy an unrelated, future state court judgment

  6. Haspel Davis v. Bd. of Levee

    493 F.3d 570 (5th Cir. 2007)   Cited 54 times
    Appearing to treat the relevant portion of Vogt as binding

  7. Saldano v. Roach

    363 F.3d 545 (5th Cir. 2004)   Cited 56 times
    Holding that the Texas Attorney General's decision not to appeal an adverse decision did not make him “an inadequate representative of the State's interest”

  8. Kneeland v. Natl., Collegiate Athletic Ass'n

    806 F.2d 1285 (5th Cir. 1987)   Cited 79 times

    Nos. 86-1118, 86-1206 and 86-1477. Summary Calendar. January 7, 1987. Rehearing Denied February 3, 1987. Rain, Harrell, Emery, Young Doke, Stan McMurry, Morris Harrell, Dallas, Tex., for Southern Methodist University. Robert F. Middleton, O. Luke Davis, III, Dallas, Tex., for Southwest Athletic Conference. Charles L. Babcock, Robert P. Latham, Jackson, Walker, Winstead, Cantwell Miller, Dallas, Tex., for Times Herald Printing Co. et al. McGinnis, Lochridge Kilgore, Jack Balagia, James R. Raup, Austin

  9. Saavedra v. Murphy Oil U.S.A., Inc.

    930 F.2d 1104 (5th Cir. 1991)   Cited 40 times
    Holding that if "the accident . . . sue[d] upon is directly related to [the named insured's] work, [the additional insured] clause is satisfied, and the policy extends insured status to [the additional insured]."

  10. Taylor Communications Group, Inc. v. Southwestern Bell Telephone Co.

    172 F.3d 385 (5th Cir. 1999)   Cited 25 times
    Holding that a third party has no right to intervene in litigation which may have no impact on its contract

  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 344,855 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,020 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  13. Rule 24 - Intervention

    Fed. R. Civ. P. 24   Cited 9,140 times   34 Legal Analyses
    Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them