§Why CasetextPricing

Apex Bank v. Ameris Bank, Inc.

REPLY BRIEF re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

13 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 270,982 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Deep Six, Inc. v. Abernathy

    246 Ga. App. 71 (Ga. Ct. App. 2000)   Cited 74 times

    A00A1005. DECIDED: SEPTEMBER 8, 2000 Trover, etc. Fulton Superior Court. Before Judge Bedford. O. Jackson Cook, for appellants. Ted Marcus, for appellees. MILLER, Judge. The issues on appeal are (i) whether undisputed evidence that sellers of a business had title and the right to immediate possession of tax refund checks arising from the business's pre-sale operations, authorized the court to grant the sellers summary judgment on their trover action, and (ii) whether the trial court erred in holding

  3. General Electric Co. v. Lowe's Home Centers

    279 Ga. 77 (Ga. 2005)   Cited 55 times   1 Legal Analyses
    Holding that the economic loss rule "avoids the unfairness to defendants that would come with duplicative liability for the same damage."

  4. Hanover Insurance v. Hermosa Construction Group, LLC

    57 F. Supp. 3d 1389 (N.D. Ga. 2014)   Cited 20 times
    Holding that claims based on an independent duty not to interfere with another's business are outside the contractual relationship and not barred by the economic loss doctrine

  5. Argo v. G-Tec Services, LLC

    338 Ga. App. 608 (Ga. Ct. App. 2016)   Cited 5 times

    A16A0799 09-15-2016 Argo v. G–Tec Services, LLC et al. Robert Douglas Lenhardt, for Appellant. Robert Dewitt Thomas, Duluth, for Appellee. Ray, Judge. Robert Douglas Lenhardt, for Appellant. Robert Dewitt Thomas, Duluth, for Appellee. Ray, Judge.James Argo filed suit against G–Tec Services, LLC (“G–Tec”) and Keith Boyd asserting, inter alia, a claim for breach of contract. On the parties' cross-motions for summary judgment, the trial court denied Argo's motion and granted G–Tec's motion. Argo appeals

  6. Resolution Tr. Corp. v. United Tr. Fd., Inc.

    57 F.3d 1025 (11th Cir. 1995)   Cited 23 times

    Nos. 91-5898, 91-5922, 91-6059, 92-4941, 93-4153 and 93-5005. Filed July 12, 1995. Appeal from the United States District Court for the Southern District of Florida. Reversed and remanded. Richard Bernstein, Alfonso J. Perez, Dora F. Kaufman, Haley, Sinagra Perez, P.A., Fort Lauderdale, FL, and Dennis Klein, Kevin Crotty, Hughes, Hubbard Reed, Washington, DC, for Resolution Trust Corporation as Receiver for Pioneer Federal Savings Bank. Larry A. Stumpf, Miami, FL, Roger B. Kaplan, Woodbridge, NJ

  7. Mitchell v. Ford Motor Credit Co.

    68 F. Supp. 2d 1315 (N.D. Ga. 1998)   Cited 10 times
    Interpreting virtually identical statutory language as codifying the common law defense of unconscionability, and concluding that "the Court finds no authority that the doctrine of unconscionability provides a basis for affirmative relief."

  8. PNC Bank v. Branch Banking Trust Company

    Case No.: 8:08-cv-610-T-27TGW (M.D. Fla. Feb. 1, 2010)

    Case No.: 8:08-cv-610-T-27TGW. February 1, 2010 ORDER JAMES WHITTEMORE, District Judge This cause was tried before the Court. Upon the evidence presented, including the parties' designated transcripts of depositions, and the final summations of the parties, the Court finds and concludes: This lawsuit involves a dispute between Plaintiff PNC Bank, National Association ("PNC"), the successor in interest of Mercantile Mortgage Corporation ("Mercantile"), and Defendant Branch Banking and Trust Company

  9. Verret v. ABB Power T & D Co.

    237 Ga. App. 492 (Ga. Ct. App. 1999)   Cited 7 times

    A99A0286. DECIDED: APRIL 2, 1999 Breach of contract. Clarke Superior Court. Before Judge Stephens. Crain Davis, Michael O. Crain, William C. Bushnell, for appellant. Littler Mendelson, Charles K. Howard, Jr., Jill W. Richburg, for appellee. BANKE, Judge. Phil Verret sued ABB Power T D Company, Inc. ("ABB") for allegedly breaching his severance pay contract. Verret appeals the trial court's grant of ABB's motion for summary judgment and the denial of his motion for the same. The underlying case emanated

  10. Women's Fed. Sav. Loan v. Nevada Nat. Bank

    811 F.2d 1255 (9th Cir. 1987)   Cited 11 times
    Holding that provision in loan participation agreement that read defendant was to act "as a trustee with fiduciary duties" created fiduciary duty in loan participation agreement

  11. Section 13-2-2 - Rules for interpretation of contracts generally

    Ga. Code § 13-2-2   Cited 804 times   2 Legal Analyses
    Stating that "the whole contract should be looked to in arriving at the construction of any part"