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Fieldwood Energy Offshore LLC et al v. Prime Offshore LLC et al

RESPONSE in Opposition to 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,860 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,830 times   364 Legal Analyses
    Holding 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' "

  3. Foman v. Davis

    371 U.S. 178 (1962)   Cited 28,567 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

  4. Great Plains Tr. v. Morgan Stanley Dean Witter

    313 F.3d 305 (5th Cir. 2002)   Cited 2,571 times   1 Legal Analyses
    Holding that an order denying remand based on improper joinder is reviewed de novo

  5. Dorsey v. Portfolio Equities Inc.

    540 F.3d 333 (5th Cir. 2008)   Cited 1,105 times
    Holding that to satisfy Rule 9(b), a plaintiff pleading fraud must "specify the statements contended to be fraudulent, identify the speaker, state when and where the statements were made, and explain why the statements were fraudulent. Put simply, Rule 9(b) requires the complaint to set forth the who, what, when, where, and how of the events at issue."

  6. Doe v. Myspace

    528 F.3d 413 (5th Cir. 2008)   Cited 761 times   5 Legal Analyses
    Holding that CDA bars claims for negligence and gross negligence in not preventing a 13 year old girl from lying about her age to create a personal profile that led to contact by a sexual predator

  7. Wooten v. McDonald Transit Assocs., Inc.

    788 F.3d 490 (5th Cir. 2015)   Cited 536 times   1 Legal Analyses
    Holding that a complaint is well pled when “all elements of cause of action are present by implication”

  8. NetJets Aviation, Inc. v. LHC Communications, LLC

    537 F.3d 168 (2d Cir. 2008)   Cited 367 times
    Holding account stated claim not duplicative of breach of contract claim where attorneys' fees recoverable under breach of contract claim but not account stated claim

  9. Mayeaux v. Louisiana Hlt. Service

    376 F.3d 420 (5th Cir. 2004)   Cited 374 times
    Holding that the district court did not abuse its discretion despite the district judge and magistrate judge’s failure to provide express reasoning for their denial, because there were obvious reasons for the denial due to the undue prejudice to the defendant

  10. Bosarge v. Miss. Bureau of Narcotics

    796 F.3d 435 (5th Cir. 2015)   Cited 163 times
    Holding that plaintiff's claims of unlawful arrest and detention should be analyzed under the Fourth Amendment, not the Fourteenth Amendment

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,278 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,855 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 1.104 - Law Applicable to Liability

    Tex. Bus. Org. Code § 1.104   Cited 10 times

    The law of the jurisdiction that governs an entity as determined under Sections 1.101-1.103 applies to the liability of an owner, a member, or a managerial official of the entity in the capacity as an owner, a member, or a managerial official for an obligation, including a debt or other liability, of the entity for which the owner, member, or managerial official is not otherwise liable by contract or under provisions of law other than this code. Tex. Bus. Org. Code § 1.104 Acts 2003, 78th Leg., ch