§Why CasetextPricing

Danielson et al v. Tropical Shipping And Construction Co., Ltd. et al

MOTION for Request for Judicial Notice re Defendant's MOTION to Dismiss 94 Amended Complaint, and Incorporated Memorandum of Law

6 Cited authorities

  1. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,131 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  2. Bryant v. Avado Brands, Inc.

    187 F.3d 1271 (11th Cir. 1999)   Cited 1,281 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”

  3. Lozman v. City of Riviera Beach

    713 F.3d 1066 (11th Cir. 2013)   Cited 241 times
    Noting Rooker-Feldman doctrine would only apply if state court proceedings ended before commencement of the plaintiff's federal case

  4. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,327 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  5. Section 13702 - Tariff requirement for certain transportation

    49 U.S.C. § 13702   Cited 54 times   1 Legal Analyses
    Limiting the tariff filing requirements to noncontiguous domestic trade and household goods carriers

  6. Section 13521 - General jurisdiction

    49 U.S.C. § 13521   Cited 6 times

    (a) GENERAL RULES.-The Secretary and the Board have jurisdiction over transportation insofar as water carriers are concerned- (1) by water carrier between a place in a State and a place in another State, even if part of the transportation is outside the United States; (2) by water carrier and motor carrier from a place in a State to a place in another State; except that if part of the transportation is outside the United States, the Secretary only has jurisdiction over that part of the transportation