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Bankers Life Insurance Company v. Credit Suisse First Boston Corporation et al

MOTION to dismiss Under Federal Rule of Civil Procedure 12

10 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,625 times   365 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' "

  2. Snow v. Directv, Inc.

    450 F.3d 1314 (11th Cir. 2006)   Cited 699 times
    Holding that the plaintiff's "vague and conclusory allegations" presented in his complaint were insufficient to establish a prima facie case of personal jurisdiction over a defendant

  3. Perry v. Thompson

    786 F.2d 1093 (11th Cir. 1986)   Cited 143 times
    Holding that where defendants' affidavits directly contradicted prison officers' version of events, there was a "square, head-on dispute of material facts" precluding summary judgment

  4. Blu-J, Inc. v. Kemper C.P.A. Group

    916 F.2d 637 (11th Cir. 1990)   Cited 54 times
    Holding that an accountant's report prepared for the purpose of compromise negotiations was properly excluded

  5. Stevens v. Lowder

    643 F.2d 1078 (5th Cir. 1981)   Cited 65 times
    Holding that bank's shareholders could not recover for fraud, breach of confidential relationship, and conspiracy against purchasers of bank's assets because diminution in value of bank's stock was insufficient direct harm to shareholders

  6. Fowler v. Southern Bell Telephone Tel. Co.

    343 F.2d 150 (5th Cir. 1965)   Cited 96 times
    Holding that verified pleadings are appropriate summary judgment material if the pleadings satisfy the standards for affidavits set forth in Rule 56(e)

  7. Schneer v. Allstate Indemnity Company

    767 So. 2d 485 (Fla. Dist. Ct. App. 2000)   Cited 15 times
    Holding that insureds' postloss fraudulent misrepresentations as to their contents claim voided their homeowner's policy in its entirety

  8. Georgia v. Reznick

    262 F. App'x 928 (11th Cir. 2008)   Cited 2 times

    No. 07-11919. January 15, 2008. Tom Anthony Bingham, Jeffrey W. Kelley, Herbert D. Shellhouse, Douglas Edward Ernst, Troutman Sanders LLP, Atlanta, GA, for Plaintiff-Appellant. John G. Parker, Paul, Hastings, Janofsky Walker, LLP, Atlanta, GA, for Defendant-Appellee. Appeal from the United States District Court for the Northern District of Georgia. D.C. Docket No. 06-02764 CV-CAP-1. Before ANDERSON and BLACK, Circuit Judges, and HODGES, District Judge. Honorable Wm. Terrell Hodges, United States

  9. Reynolds v. Wabash Railroad Company

    236 F.2d 387 (8th Cir. 1956)   Cited 2 times

    No. 15448. September 14, 1956. Sherman Landau, St. Louis, Mo., for appellant. Oliver J. Miller, St. Louis, Mo. (Jacob M. Lashly and Lashly, Lashly Miller, St. Louis, Mo., on the brief), for appellee. Before SANBORN, JOHNSEN and VOGEL, Circuit Judges. JOHNSEN, Circuit Judge. An action by a minor against a railroad for false arrest and false imprisonment was dismissed by the trial court, with prejudice, for want of prosecution, and the plaintiff has appealed. We can perceive no error of law or abuse

  10. 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 345,885 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss