§Why CasetextPricing

Belue et al v. A.O. Smith Electrical Products Company et al

MOTION to Dismiss or in the Alternative, Motion for More Definite Statement or to Sever, and Memorandum in Support Thereof

29 Cited authorities

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

    116 F.3d 1364 (11th Cir. 1997)   Cited 1,989 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. 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

  3. Ziemba v. Cascade Intern., Inc.

    256 F.3d 1194 (11th Cir. 2001)   Cited 767 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"

  4. Magluta v. Samples

    256 F.3d 1282 (11th Cir. 2001)   Cited 549 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

  5. Jefferson v. Lead Industries Ass'n, Inc.

    106 F.3d 1245 (5th Cir. 1997)   Cited 285 times   2 Legal Analyses
    Holding that a plaintiff cannot recover from a manufacturer for damage caused by a product on the basis of any theory of liability not set forth in the LPLA

  6. 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

  7. Friedlander v. Nims

    755 F.2d 810 (11th Cir. 1985)   Cited 254 times   1 Legal Analyses
    Holding that dismissal with prejudice was not an abuse of discretion when the court gave the pro se plaintiff a chance to amend

  8. First United Methodist Church v. U.S. Gypsum

    882 F.2d 862 (4th Cir. 1989)   Cited 133 times
    Holding that fraudulent concealment of injury did not toll statute of repose

  9. Covalt v. Carey Canada Inc.

    860 F.2d 1434 (7th Cir. 1988)   Cited 73 times   1 Legal Analyses
    Finding that § 9658 did not preempt Indiana statute of repose because CERCLA applies only to releases into the environment and plaintiff's claim involved his exposure to asbestos, not a release of a hazardous substance

  10. Tyson v. Johns-Manville Sales Corp.

    399 So. 2d 263 (Ala. 1981)   Cited 73 times
    Refusing to apply the new Alabama discovery rule retroactively, and holding pre-May 19, 1979 asbestos exposures to the one-year statute of limitations rule

  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 362,607 times   962 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 164,455 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 40,207 times   337 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Rule 20 - Permissive Joinder of Parties

    Fed. R. Civ. P. 20   Cited 11,868 times   22 Legal Analyses
    Granting courts authority to "issue orders-including an order for separate trials."

  15. Section 9607 - Liability

    42 U.S.C. § 9607   Cited 3,301 times   67 Legal Analyses
    Holding certain listed persons strictly "liable" for specified cleanup costs

  16. Section 9658 - Actions under State law for damages from exposure to hazardous substances

    42 U.S.C. § 9658   Cited 173 times   14 Legal Analyses
    Setting uniform limitations-period commencement date in suits under state law for damages due to hazardous release exposure