Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 254,855 times 279 Legal AnalysesHolding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,629 times 366 Legal AnalysesHolding 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' "
Davila v. Delta Air Lines, Inc.
326 F.3d 1183 (11th Cir. 2003) Cited 858 times 1 Legal AnalysesHolding that conclusory allegations, unwarranted factual deduction, or legal conclusions masquerading as facts will not prevent dismissal
Dade County School Board v. Radio Station WQBA
731 So. 2d 638 (Fla. 1999) Cited 567 times 3 Legal AnalysesHolding that summary judgment was inappropriate where there was a disputed fact issue as to whether an agreement's express indemnity clause—which provided that the indemnitor would "defend and hold harmless" the indemnitee—was intended to cover the school board's actions or a marching band's actions
Hunnings v. Texaco, Inc.
29 F.3d 1480 (11th Cir. 1994) Cited 534 timesHolding manufacturer of mineral spirits, an "`inherently dangerous commodity'" to heightened responsibility to prevent misuse of their product
Freeman v. Dean Witter Reynolds, Inc.
865 So. 2d 543 (Fla. Dist. Ct. App. 2003) Cited 35 timesConcluding in the context of a claim for breach of fiduciary duty: "[w]e would radically alter the law of banking if we required banks to review credit card accounts and checking accounts to make certain that their customers were spending their money wisely."
T & S Enterprises Handicap Accessibility, Inc. v. Wink Industrial Maintenance & Repair, Inc.
11 So. 3d 411 (Fla. Dist. Ct. App. 2009) Cited 19 timesHolding contribution claims brought prior to judgment are obsolete because defendants may allege comparative fault of a non-party
Tsafatinos v. Family Dollar Stores of Fla., Inc.
116 So. 3d 576 (Fla. Dist. Ct. App. 2013) Cited 8 timesNo. 2D12–3621. 2013-06-21 Terry TSAFATINOS, individually; and Sigma TAF Management, Inc., Appellants, v. FAMILY DOLLAR STORES OF FLORIDA, INC.; David C. Sugas; and Barbara D. Sugas, Appellees. West's F.S.A. § 440.11(1) Thomas Valdez and Jeanette Bellon of Quintairos, Prieto, Wood & Boyer, P.A., Tampa, for Appellants. BLACK Recognized as Unconstitutional West's F.S.A. § 440.11(1)Thomas Valdez and Jeanette Bellon of Quintairos, Prieto, Wood & Boyer, P.A., Tampa, for Appellants. Jonathan E. Lewerenz
Florida Patient's v. St. Paul Fire
559 So. 2d 195 (Fla. 1990) Cited 23 timesConcluding that conflict on the face of the opinions "must be harmonized"
Mayor's Jewelers, Inc. v. Meyrowitz
CASE NO. 12-80055-CIV-COHN/SELTZER (S.D. Fla. Jun. 20, 2012) Cited 2 timesCASE NO. 12-80055-CIV-COHN/SELTZER 06-20-2012 MAYOR'S JEWELERS, INC., Plaintiff, v. BARRY N. MEYROWITZ and MEYROWITZ, INC., Defendants. JAMES I. COHN ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS THIS CAUSE is before the Court upon Defendants' Motion to Dismiss Amended Complaint [DE 31] ("Motion"). The Court has considered the Motion, Plaintiff's Response [DE 36] ("Response"), Defendants' Reply [DE 40] ("Reply"), and is otherwise fully advised in the premises. I. BACKGROUND
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 348,148 times 927 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 768.31 - Contribution among tortfeasors
Fla. Stat. § 768.31 Cited 293 timesNoting that, by 1982, eighty percent of states had recognized right of contribution