§Why CasetextPricing

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

RESPONSE to Motion re MOTION to Dismiss ArvinMeritor, Inc., 189 MOTION to Dismiss or Motion for a More Definite Statement, MOTION to Sever, 228 MOTION to Dismiss, 231 MOTION for Joinder IN BP AMOCO CHEMICAL COMPANYS MOTION TO DISMISS, 190 MOTION to Dismiss for Failure to Comply with FRCP 4

23 Cited authorities

  1. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,952 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  2. Owens Corning v. Carter

    997 S.W.2d 560 (Tex. 1999)   Cited 90 times
    Holding "we are bound by [U.S. Supreme Court precedent] unless and until the Supreme Court overrules it"

  3. Garrett v. Raytheon Co. Inc.

    368 So. 2d 516 (Ala. 1979)   Cited 150 times
    Holding that a cause of action for latent injuries caused by toxic exposure accrues at the time of the plaintiff's last exposure to the toxic substance

  4. 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

  5. Haghkerdar v. Husson College

    226 F.R.D. 12 (D. Me. 2005)   Cited 20 times
    Denying motion for a more definite statement where employment discrimination plaintiff did not plead claims in separate counts

  6. U.S. v. All Funds on Deposit

    801 F. Supp. 984 (E.D.N.Y. 1992)   Cited 26 times
    Burden-shifting "is inherently unfair to claimants"

  7. Frat. Ord. of Police, Strawberry L. # 40 v. Entrekin

    294 Ala. 201 (Ala. 1975)   Cited 33 times
    In Entrekin, supra, this Court noted that it is appropriate for the trial court to stay proceedings in a case and to retain jurisdiction pending agency review when the doctrine of primary jurisdiction is applicable.

  8. Cazalas v. Johns-Manville Sales Corp.

    435 So. 2d 55 (Ala. 1983)   Cited 17 times
    In Cazalas, this Court considered the effect of § 6-2-30(b), Ala. Code 1975, which was enacted by the legislature following this Court's decision in Garrett and which expressly provided that all actions arising out of exposure to asbestos were not deemed to have accrued until "the first date the injured party, through reasonable diligence, should have reason to discover the injury giving rise to such civil action."

  9. Mack v. J.C. Penney Co.

    108 F.R.D. 30 (S.D. Ga. 1985)   Cited 4 times

    On defendant's motion for reconsideration of joinder order, the District Court, Edenfield, J., held that amended complaint was sufficient for maintaining joinder of plaintiffs in employment discrimination action even though it did not inform court of facts necessary for it to conclude whether the claims were reasonably related and bore a logical relationship to each other. Motion denied. Amanda Williams, Brunswick, Ga., Fletcher Farrington, Louisa Abbott, Savannah, Ga., for plaintiffs. James Allan

  10. Commercial Union Assur. v. Zurich American Ins.

    471 F. Supp. 1011 (S.D. Ala. 1979)   Cited 7 times

    Civ. A. No. 77-412-T. June 7, 1979. Grey Redditt, Jr., Ben H. Kilborn, Mobile, Ala., for plaintiff. Norman E. Waldrop, Jr., W. Boyd Reeves, Mobile, Ala., for American Mutual Liability Ins. Co. et al. Peter V. Sintz, Robert G. Kendall, Mobile, Ala., for Pulmosan Safety Equipment Corp., Inc. Robert H. Smith, Mobile, Ala., for Mission Ins. Co. James J. Duffy, Jr., E.L. McCafferty, III, Mobile, Ala., for Transamerica Insurance Co. Michael D. Knight, Mobile, Ala., for Zurich American Ins. James C. Wood

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 113,606 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,551 times   328 Legal Analyses
    Requiring that fraud be pleaded with particularity

  15. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,058 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  16. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 16,093 times   60 Legal Analyses
    Specifying prohibited activities

  17. Rule 20 - Permissive Joinder of Parties

    Fed. R. Civ. P. 20   Cited 11,547 times   22 Legal Analyses
    Granting courts authority to "issue orders-including an order for separate trials."

  18. Section 6-2-30 - Commencement of actions - Generally; actions for injuries resulting from exposure to asbestos

    Ala. Code § 6-2-30   Cited 38 times
    Adopting date of discovery rule

  19. Rule 9 - Pleading special matters

    Ala. R. Civ. P. 9   Cited 100 times

    (a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, the party desiring to raise the issue shall do so by specific