Mid-America Apartments, L.P. v. Fluid Dynamics Holdings, LLC et al
RESPONSE to Motion re MOTION to Strike 102 Answer to Complaint,, Crossclaim,, Counterclaim, or in the Alternative, Motion to Dismiss Counter-Claim of Olive Branch Consulting, Inc., proposed order submitted
550 U.S. 544 (2007) Cited 274,046 times 368 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Holding that the claim was clearly barred by the three-year statute of limitations because the complaint alleged facts indicating that the plaintiffs had actual knowledge of their claim more than three years before the complaint was filed
Holding that if a "third party happens to benefit from the performance of the promise either coincidentally or indirectly, then the third party will have no enforceable rights under the contract"
Holding "[w]hen the United States enters into contract relations, its rights and duties therein are governed generally by the law applicable to contracts between private individuals."
Holding that the trial court may consider documents submitted by the defendant on a motion to dismiss solely for a non-hearsay purpose and therefore may not rely on factual assertions in the documents for the truth of the matter asserted
Holding the Court erred in granting summary judgment because, inter alia, if the plaintiffs were on inquiry notice, "it cannot be determined, on the present record, whether a diligent inquiry by plaintiffs would have uncovered facts sufficient for them to assert an accounting malpractice claim."
Fed. R. Civ. P. 1 Cited 15,469 times 50 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"