§Why CasetextPricing

Bankosz v. Manasseh Jordan Ministries et al

MOTION to dismiss for failure to state a claim, or alternatively for more definite statement

17 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,796 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,848 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. American Dental Assoc. v. Cigna Corp.

    605 F.3d 1283 (11th Cir. 2010)   Cited 1,633 times
    Holding that the district court properly dismissed plaintiffs' § 1962(c) claims because plaintiffs had not sufficiently pled the acts of mail and wire fraud alleged to form a pattern of racketeering activity

  4. Meyer v. Holley

    537 U.S. 280 (2003)   Cited 487 times   4 Legal Analyses
    Holding that under traditional principles of vicarious liability, a corporation is the principal of its employees/agents, and thus corporate owners and officers are not liable for the unlawful acts of an employee simply on the basis that the owner or officer controlled (or had the right to control) the actions of that employee

  5. Magluta v. Samples

    256 F.3d 1282 (11th Cir. 2001)   Cited 547 times
    Holding that a complaint was a shotgun complaint when, among other issues, the complaint was 58-pages long and contained at least 146 numbered paragraphs

  6. Dania Jai-Alai Palace, Inc. v. Sykes

    450 So. 2d 1114 (Fla. 1984)   Cited 302 times   5 Legal Analyses
    Holding that liability for an employee's negligence extends only to the employer-corporation, based on the rule that persons using the corporate form to conduct business are protected from personal liability unless the corporation is formed or used for an illegal, fraudulent or other unjust purpose which justifies piercing of the corporate veil

  7. Mais v. Gulf Coast Collection Bureau, Inc.

    768 F.3d 1110 (11th Cir. 2014)   Cited 117 times   13 Legal Analyses
    Holding that summary judgment was appropriate because there was no factual dispute over whether the plaintiff's wife provided his phone number on a hospital admission form

  8. Bentley v. Bank of Am.

    773 F. Supp. 2d 1367 (S.D. Fla. 2011)   Cited 73 times
    Finding that the plaintiff could not state a claim under the TCPA where the Complaint did not identify which defendant made each call, but instead lumped them together despite their separate legal status

  9. State of Texas v. American Blastfax, Inc.

    NO. A 00 CA 085 SS (W.D. Tex. Aug. 17, 2001)   Cited 92 times   1 Legal Analyses
    Holding "an officer may be personally liable under the TCPA if he had direct, personal participation in or personally authorized the conduct found to have violated the statute"

  10. In re Hillsborough Holdings Corp.

    166 B.R. 461 (Bankr. M.D. Fla. 1994)   Cited 76 times   3 Legal Analyses
    Recognizing that, in the corporate world, there is nothing inherently wrong in a parent managing all of the cash generated by the subsidiaries through a cash management system

  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 361,487 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 163,896 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. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,811 times   744 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals