17 Cited authorities

Bryant v. Avado Brands, Inc.
187 F.3d 1271 (11th Cir. 1999) Cited 1,290 times 2 Legal Analyses
Holding that “a court, when considering a motion to dismiss in a securities fraud case, may take judicial notice . . . of relevant public documents required to be filed with the SEC”
Grossman v. Nationsbank
225 F.3d 1228 (11th Cir. 2000) Cited 777 times
Stating that when considering a motion to dismiss the court limits its consideration to the pleadings and exhibits attached thereto
Kivisto v. Miller, Canfield, Paddock
413 F. App'x 136 (11th Cir. 2011) Cited 197 times
Holding that a court may infer from facts alleged in a complaint obvious alternative explanations that suggest “lawful conduct rather than the unlawful conduct the plaintiff would ask the court to infer”
General Acc. Group v. Gagliardi
593 F. Supp. 1080 (D. Conn. 1984) Cited 52 times
Noting affirmation in New York Life of "judgment directing that the proceeds already deposited with the court be paid to the sole remaining non-defaulted claimant"
Metropolitan Atlanta Rapid Transit Auth. v. Maloof
304 Ga. App. 824 (Ga. Ct. App. 2010) Cited 7 times
In MARTA v. Maloof, 304 Ga.App. 824, 698 S.E.2d 1 (2010), this Court reversed, upon interlocutory appeal, the trial court's denial of MARTA's motion for summary judgment on Maloof's claims for wrongful death.
Blackstone v. Blackstone
282 Ga. App. 515 (Ga. Ct. App. 2006) Cited 9 times
A06A1476. DECIDED NOVEMBER 21, 2006. Heirship; petition to determine. Dawson Superior Court. Before Judge Gosselin. William J. Sussman, for appellant. Kenneth L. Shigley, for appellee. BERNES, Judge. This appeal raises the question of whether and under what conditions a father can forfeit his right to inherit as an heir from his adult son's estate. Following the death of his brother, appellee Scott David Blackstone filed a petition to determine heirship in the superior court and requested the court
Geler v. National Westminster Bank USA
763 F. Supp. 722 (S.D.N.Y. 1991) Cited 24 times
Holding the CD is not an integrated writing because depositor did not sign the CD or otherwise "unequivocally manifest[] his assent to its terms"
Grant v. Countrywide Home Loans, Inc.
CIVIL ACTION NO. 1:08-CV-1547-RWS (N.D. Ga. May. 20, 2009) Cited 5 times
Dismissing claims against calendar clerk for DeKalb County Superior Court Judge because the clerk enjoyed quasi-judicial immunity
Stonebreaker v. Pruco Life Ins. Company
CASE NO. 11cv871 WQH (WVG) (S.D. Cal. Nov. 4, 2011) Cited 1 times
CASE NO. 11cv871 WQH (WVG). November 4, 2011 ORDER WILLIAM HAYES, District JudgePage 2 The matters before the Court are the Motion to Dismiss Pruco Life Insurance Co.'s Counterclaim and Third-party Complaint (ECF No. 16) and the Motion for Summary Judgment (ECF No. 23) filed by Plaintiff Pamela Stonebreaker; and the Motion to Interplead and Dismiss filed by Pruco Life Insurance Co. (ECF No. 17). I. Background This case was initiated on April 22, 2011 when Defendant Pruco Life Insurance Company ("Pruco")
Auto Doors, Inc. of Georgia v. Zivoluba
626 S.E.2d 256 (Ga. Ct. App. 2006) Cited 3 times
Reviewing a state court’s finding regarding who has standing to bring a wrongful death action pursuant to the statutory framework
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 348,309 times 929 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 112,046 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"
Section 1335 - Interpleader
28 U.S.C. § 1335 Cited 2,221 times 4 Legal Analyses
Granting original jurisdiction to the district courts in "any civil action of interpleader or in the nature of interpleader" "if two or more adverse claimants . . . are claiming or may claim to be entitled to such money or property" as shall have been pleaded into court
Section 51-4-2 - [Effective Until 7/1/2024] Wrongful death of spouse or parent
Ga. Code § 51-4-2 Cited 138 times
Requiring that a surviving spouse releasing the claims of a child to "hold the consideration for such release subject to subsection (d) of this Code section"

Maxum Indemnity Company v. Curley et al

17 Cited authorities

Holding that “a court, when considering a motion to dismiss in a securities fraud case, may take judicial notice . . . of relevant public documents required to be filed with the SEC”

Stating that when considering a motion to dismiss the court limits its consideration to the pleadings and exhibits attached thereto

Holding that a court may infer from facts alleged in a complaint obvious alternative explanations that suggest “lawful conduct rather than the unlawful conduct the plaintiff would ask the court to infer”

Noting affirmation in New York Life of "judgment directing that the proceeds already deposited with the court be paid to the sole remaining non-defaulted claimant"

In MARTA v. Maloof, 304 Ga.App. 824, 698 S.E.2d 1 (2010), this Court reversed, upon interlocutory appeal, the trial court's denial of MARTA's motion for summary judgment on Maloof's claims for wrongful death.

Holding the CD is not an integrated writing because depositor did not sign the CD or otherwise "unequivocally manifest[] his assent to its terms"

Dismissing claims against calendar clerk for DeKalb County Superior Court Judge because the clerk enjoyed quasi-judicial immunity

Reviewing a state court’s finding regarding who has standing to bring a wrongful death action pursuant to the statutory framework

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

Granting original jurisdiction to the district courts in "any civil action of interpleader or in the nature of interpleader" "if two or more adverse claimants . . . are claiming or may claim to be entitled to such money or property" as shall have been pleaded into court

Requiring that a surviving spouse releasing the claims of a child to "hold the consideration for such release subject to subsection (d) of this Code section"