§Why CasetextPricing

Bain et al v. A.O.Smith Electrical et al

MOTION to Dismiss or in the Alternative Motion for More Definite Statement and/or Motion for Severance

20 Cited authorities

  1. Brooks v. Blue Cross & Blue Shield of Florida, Inc.

    116 F.3d 1364 (11th Cir. 1997)   Cited 1,981 times
    Holding that employees "who have not suffered an injury in that they have been covered by Medicare for the medical care they have received retain a sufficient interest in this action for purposes of the Constitutional 'case or controversy' requirement"

  2. Byrne v. Nezhat

    261 F.3d 1075 (11th Cir. 2001)   Cited 953 times   2 Legal Analyses
    Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case

  3. U.S. ex Rel. Clausen v. Laboratory Corp.

    290 F.3d 1301 (11th Cir. 2002)   Cited 837 times   14 Legal Analyses
    Holding Rule 9(b) applies to False Claims Act claims

  4. Anderson v. District Board of Trustees of Central Florida Community College

    77 F.3d 364 (11th Cir. 1996)   Cited 950 times
    Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count

  5. Ziemba v. Cascade Intern., Inc.

    256 F.3d 1194 (11th Cir. 2001)   Cited 766 times   2 Legal Analyses
    Holding that Rule 9(b) satisfied if "complaint sets forth precisely what statements were made in what documents or oral representations or what omissions were made, and the time and place of each statement and the person responsible for making it, . . . the content of such statements and the manner in which they misled plaintiffs, and what defendants obtained as a consequence of the fraud"

  6. Cramer v. State of Florida

    117 F.3d 1258 (11th Cir. 1997)   Cited 459 times   1 Legal Analyses
    Affirming the dismissal of a complaint alleging discrimination under the ADA where the plaintiffs failed to allege that "they are unable to perform the essential functions of their jobs"

  7. Durham v. Business Management Associates

    847 F.2d 1505 (11th Cir. 1988)   Cited 353 times
    Holding allegation of use of the mails sufficient, where plaintiffs' allegation that "correspondence and other communications concerning [the alleged scheme to defraud] took place through . . . the mails" was supported by an attached affidavit from a recipient describing such correspondence, even though dates and times of mailings were not stated

  8. Sikes v. Teleline, Inc.

    281 F.3d 1350 (11th Cir. 2002)   Cited 104 times   2 Legal Analyses
    Holding that it was error for lower court to presume reliance and noting that "neither this circuit nor the Supreme Court has extended a presumption of reliance outside the context of securities cases"

  9. Cesnik v. Edgewood Baptist Church

    88 F.3d 902 (11th Cir. 1996)   Cited 122 times
    Determining that a complaint that had ninety-nine paragraphs of factual allegations that incorporated all of those paragraphs into the three counts was a shotgun complaint

  10. Veltmann v. Walpole Pharmacy, Inc.

    928 F. Supp. 1161 (M.D. Fla. 1996)   Cited 44 times
    Holding that plaintiff may not merely "label his or her claims" to survive a motion to dismiss, but must give defendant fair notice of the plaintiff's claims and the grounds upon which they rest

  11. 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 361,619 times   960 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,952 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,136 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,578 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  15. Rule 20 - Permissive Joinder of Parties

    Fed. R. Civ. P. 20   Cited 11,822 times   22 Legal Analyses
    Granting courts authority to "issue orders-including an order for separate trials."