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Bank of America, N.A. v. Corporex Companies, LLC et al

RESPONSE in Opposition re MOTION to Dismiss for failure to state a claim

60 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,437 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 265,409 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. Directv, Inc. v. Tyreesh

    487 F.3d 471 (6th Cir. 2007)   Cited 2,302 times
    Holding that Kentucky's taxing scheme designed to attract certain kinds of business did not violate the dormant Commerce Clause

  4. Steelvest, Inc. v. Scansteel Service Ctr.

    807 S.W.2d 476 (Ky. 1991)   Cited 2,222 times   4 Legal Analyses
    Holding that an employee owes a duty of loyalty to his employer

  5. Banco Popular No. America v. Gandi

    184 N.J. 161 (N.J. 2005)   Cited 755 times   1 Legal Analyses
    Holding that "[t]o the extent that the facts undergirding a[n] [NJ]UFTA claim also establish other recognized causes of action, for example . . . common-law fraud, a creditor may pursue that claim as well"

  6. Giddings Lewis v. Industrial Risk

    348 S.W.3d 729 (Ky. 2011)   Cited 188 times
    Holding that the economic loss rule's “application is not limited to negligence and strict liability claims but also encompasses negligent misrepresentation claims” but deferring decision on the rule's impact on fraud claims

  7. Rivermont Inn v. Bass Hotels Resorts

    113 S.W.3d 636 (Ky. Ct. App. 2003)   Cited 184 times
    Holding that promissory estoppel could not defeat the statute of frauds

  8. In re Mirant Corp.

    613 F.3d 584 (5th Cir. 2010)   Cited 112 times   1 Legal Analyses
    Holding that appellant failed to make a timely demand for arbitration where it "waited eighteen months before moving to compel arbitration while it attempted to obtain a dismissal with prejudice from the district court"

  9. Harper v. LG Electronics USA, Inc.

    595 F. Supp. 2d 486 (D.N.J. 2009)   Cited 95 times
    Finding that the court was unable to make "the fact-intensive choice-of-law determination on the record before it," and deferring the choice-of-law decision until the factually record was more fully developed

  10. Citizens Bank of Clearwater v. Hunt

    927 F.2d 707 (2d Cir. 1991)   Cited 150 times
    Noting that a person's intent "is purely a question of fact" and "[o]rdinarily . . . for summary judgment"

  11. Section 726.102 - Definitions

    Fla. Stat. § 726.102   Cited 112 times   3 Legal Analyses
    In Section 726.102, Florida Statutes, FUFTA defines asset as "property of a debtor" but excludes from the definition "[p]roperty to the extent it is encumbered by a valid lien."

  12. Section 378.010 - [Repealed]

    Ky. Rev. Stat. § 378.010   Cited 106 times

    KRS 378.010 Repealed by 2015 Ky. Acts ch. 37,§ 16, eff. 1/1/2016. Effective:10/1/1942 Recodified 1942 Ky. Acts ch. 208, sec. 1, effective10/1/1942, from Ky. Stat. sec. 1906.

  13. Section 378.020 - [Repealed]

    Ky. Rev. Stat. § 378.020   Cited 62 times

    KRS 378.020 Repealed by 2015 Ky. Acts ch. 37,§ 16, eff. 1/1/2016. Effective:10/1/1942 Recodified 1942 Ky. Acts ch. 208, sec. 1, effective10/1/1942, from Ky. Stat. sec. 1907.

  14. Section 38-8-102 - Definitions

    Colo. Rev. Stat. § 38-8-102   Cited 14 times
    Defining "transfer"

  15. Section 378.070 - [Repealed]

    Ky. Rev. Stat. § 378.070   Cited 13 times

    KRS 378.070 Repealed by 2015 Ky. Acts ch. 37,§ 16, eff. 1/1/2016. Effective:7/12/2006 Amended 2006, Ky. Acts ch. 247, sec. 35, effective7/12/2006. --Recodified 1942 Ky. Acts ch. 208, sec. 1, effective 10/1/1942, from Ky. Stat. secs. 1911, 1912, 1917.

  16. Section 378.030 - [Repealed]

    Ky. Rev. Stat. § 378.030   Cited 7 times

    KRS 378.030 Repealed by 2015 Ky. Acts ch. 37,§ 16, eff. 1/1/2016. Effective:10/1/1942 Recodified 1942 Ky. Acts ch. 208, sec. 1, effective10/1/1942, from Ky. Stat. sec. 1907a.