Lone Star Fund v. Barclays Bank
594 F.3d 383 (5th Cir. 2010) Cited 1,860 timesHolding that a court considering a Rule 12(b) motion is "limited to the complaint, any documents attached to the complaint, and any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint"
U.S. ex Rel. Grubbs v. Kanneganti
565 F.3d 180 (5th Cir. 2009) Cited 777 times 11 Legal AnalysesHolding that defendants received adequate notice in a False Claims Act case where the complaint alleged a scheme to submit false claims and enough details that the defendants—who "will be in possession of the most relevant records, such as patients’ charts, doctors’ notes, and internal billing records"—could adequately investigate and defend the claims
Williams v. WMX Technologies, Inc.
112 F.3d 175 (5th Cir. 1997) Cited 1,032 timesHolding Rule 9(b) requires a plaintiff plead the "who, what, when, where, and how" of the alleged fraud
Lamar Homes, Inc. v. Mid-Continent Cas. Co.
239 S.W.3d 236 (Tex. 2007) Cited 405 times 11 Legal AnalysesHolding that construction defects in house that damaged the house itself constituted "property damage" sufficient to trigger the duty to defend or indemnify under a CGL policy
Cornish v. Correctional Services Corp.
402 F.3d 545 (5th Cir. 2005) Cited 337 timesHolding private corporation delegated authority to run juvenile correctional facility did not act under color of state law when it discharged one of its employees after the employee reported alleged violations in the corporation's operation of the facility
IP Petroleum Co. v. Wevanco Energy, L.L.C.
116 S.W.3d 888 (Tex. App. 2003) Cited 47 times 2 Legal AnalysesHolding joint operating agreement superseded participation letter agreement where they were so mutually inconsistent that both could not stand
Hidden Values, Inc. v. Wade
Civil Action No. 3:11-CV-1917-L (N.D. Tex. May. 18, 2012) Cited 21 timesGranting motion to dismiss money had and received claim under Texas law
Anderson v. Vinson Exploration Inc.
832 S.W.2d 657 (Tex. App. 1992) Cited 36 timesIn Anderson, the appellants complained, as here, that the appellees mischaracterized the investment as "low risk" and misrepresented the production capabilities of the investment.
Humphrey v. Camelot Retirement Community
893 S.W.2d 55 (Tex. App. 1994) Cited 32 timesStating that a trial court may grant rescission, and that the decision to grant rescission lies within its sound discretion
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,902 times 316 Legal AnalysesPermitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"