§Why CasetextPricing

Birchmeier et al v. Caribbean Cruise Line, Inc. et al

MEMORANDUM

33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,946 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 279,983 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. Brooks v. Ross

    578 F.3d 574 (7th Cir. 2009)   Cited 3,347 times
    Holding that a claim is plausible if the facts alleged raise a reasonable expectation that discovery will yield evidence supporting the allegations

  4. Buchanan-Moore v. County of Milwaukee

    570 F.3d 824 (7th Cir. 2009)   Cited 2,640 times
    Affirming the district court's grant of a motion to dismiss and solely addressing one of the three prongs

  5. N. Ind. Gun Outdoor Shows v. City of S. Bend

    163 F.3d 449 (7th Cir. 1998)   Cited 1,183 times   1 Legal Analyses
    Holding that, for purposes of Rule 12(c), courts need not accept as legitimate "documents that do not by their nature imply some level of credibility"

  6. Pisciotta v. Old National Bancorp

    499 F.3d 629 (7th Cir. 2007)   Cited 788 times   12 Legal Analyses
    Holding that, under Indiana state law, "allegations of increased risk of future identity theft . . . [are not] a harm that the law is prepared to remedy"

  7. Batzel v. Smith

    333 F.3d 1018 (9th Cir. 2003)   Cited 367 times   17 Legal Analyses
    Holding that the denial of an anti-SLAPP motion is appealable under § 1291

  8. Gomez v. Campbell-Ewald Co.

    768 F.3d 871 (9th Cir. 2014)   Cited 161 times   25 Legal Analyses
    Holding principals liable under the TCPA for agents’ phone calls

  9. Opp v. Wheaton Van Lines, Inc.

    231 F.3d 1060 (7th Cir. 2000)   Cited 150 times
    Holding that reasonable fact finder could conclude that agent had no apparent authority to sign bill of lading limiting principal's liability, in part, because principal previously told mover that she wanted to insure her property for its full value

  10. CE Design, Ltd. v. Prism Business Media, Inc.

    606 F.3d 443 (7th Cir. 2010)   Cited 111 times   2 Legal Analyses
    Holding that 2008 FCC ruling had force of law

  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 361,663 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 163,974 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 620.8202 - Formation of partnership

    Fla. Stat. § 620.8202   Cited 15 times

    (1) Except as otherwise provided in subsection (2), the association of two or more persons to carry on as co-owners a business for profit forms a partnership, whether or not the persons intend to form a partnership. (2) An association formed under a statute, other than this act, a predecessor statute, or a comparable law of another jurisdiction is not a partnership under this act. (3) In determining whether a partnership is formed, the following rules apply: (a) Joint tenancy, tenancy in common,

  14. Section 620.8106 - Governing law

    Fla. Stat. § 620.8106   Cited 5 times

    (1) Except as otherwise provided in subsection (2), the law of the jurisdiction in which a partnership has its chief executive office governs relations among partners and between the partners and a partnership. (2) The law of this state governs relations among the partners and between the partners and the partnership and the liability of partners for an obligation of a limited liability partnership. Fla. Stat. § 620.8106 s. 13, ch. 95-242; s.5, ch. 99-285.

  15. Section 805 ILCS 206/106 - Governing law

    805 ILCS 206/106   Cited 3 times

    (a) Except as otherwise provided in subsection (b), the law of the jurisdiction in which a partnership has its chief executive office governs relations among the partners and between the partners and the partnership. (b) The law of this State governs relations among the partners and between the partners and the partnership and the liability of partners for an obligation of a limited liability partnership. 805 ILCS 206/106 P.A. 92-740, eff. 1/1/2003.