§Why CasetextPricing

Buckalew v. Columbia Aircraft Sales, Inc. et al

MOTION to Dismiss 34 Answer to Complaint, Counterclaim,, 35 Answer to Complaint, Counterclaim,

13 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. Dade County School Board v. Radio Station WQBA

    731 So. 2d 638 (Fla. 1999)   Cited 576 times   3 Legal Analyses
    Holding that summary judgment was inappropriate where there was a disputed fact issue as to whether an agreement's express indemnity clause—which provided that the indemnitor would "defend and hold harmless" the indemnitee—was intended to cover the school board's actions or a marching band's actions

  4. Houdaille Industries, Inc. v. Edwards

    374 So. 2d 490 (Fla. 1979)   Cited 224 times   1 Legal Analyses
    Holding that common law indemnification requires a special relationship to exist

  5. Horowitz v. Laske

    855 So. 2d 169 (Fla. Dist. Ct. App. 2003)   Cited 30 times   1 Legal Analyses
    Listing the elements of a legal malpractice claim

  6. T & S Enterprises Handicap Accessibility, Inc. v. Wink Industrial Maintenance & Repair, Inc.

    11 So. 3d 411 (Fla. Dist. Ct. App. 2009)   Cited 19 times
    Holding contribution claims brought prior to judgment are obsolete because defendants may allege comparative fault of a non-party

  7. Allstate Ins. Co. v. Fed. Sav. Bank

    CASE NO. 12-60077-CIV-COHN/SELTZER (S.D. Fla. Jul. 18, 2012)

    CASE NO. 12-60077-CIV-COHN/SELTZER 07-18-2012 ALLSTATE INSURANCE COMPANY, Plaintiff, v. THE FEDERAL SAVINGS BANK, et al., Defendants. THE FEDERAL SAVINGS BANK, Cross-Plaintiff, v. THE THOMPSON INSURANCE AGENCY, INC., et al., Cross-Defendants. THE FEDERAL SAVINGS BANK, Third-Party Plaintiff, v. MIAMI GARDENS INSURANCE & INVESTMENT, INC., et al., Third-Party Defendants. THE THOMPSON INSURANCE AGENCY, INC., et al., Third-Party Plaintiff, v. MIAMI GARDENS INSURANCE & INVESTMENT, INC., Third-Party Defendant

  8. Insurance Co. of North America v. Quality Commercial Group, Inc.

    687 So. 2d 960 (Fla. Dist. Ct. App. 1997)   Cited 3 times

    Case No. 95-83 Opinion filed February 14, 1997 Appeal from the Circuit Court for Hernando County, Richard Tombrink, Jr., Judge. Jon D. Derrevere of Derrevere Associates, West Palm Beach, for Appellant. Steven C. Davis of Papy Weissenborn, P.A., Tampa, for Appellee. PER CURIAM. This is an appeal from a summary final judgment. For purposes of Quality's summary judgment motion, the following facts were undisputed. Quality was the general contractor responsible for constructing an access ramp between

  9. Wallace v. Strassel

    479 So. 2d 231 (Fla. Dist. Ct. App. 1985)   Cited 7 times
    Permitting dog owner subject to strict liability under statute to obtain contribution from party whose negligence contributed to same injury

  10. City of Clearwater v. Duncan Sons

    466 So. 2d 1116 (Fla. Dist. Ct. App. 1985)   Cited 6 times

    No. 84-1016. April 5, 1985. Rehearing Denied April 10, 1985. Appeal from the Circuit Court, Pinellas County, Robert E. Beach, J. Thomas A. Bustin, City Atty., Clearwater, for appellant. Nelly N. Khouzam and Donald V. Bulleit of Fowler, White, Gillen, Boggs, Villareal Banker, P.A., St. Petersburg, for appellee. OTT, Acting Chief Judge. The trial court dismissed appellant's third-party complaint seeking indemnification from appellee pursuant to an express contract. We reverse. Appellant (the "city")

  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 768.81 - Comparative fault

    Fla. Stat. § 768.81   Cited 297 times   7 Legal Analyses
    Stating that in a civil action for damages based on certain claims, including negligence and strict liability, "contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant's contributory fault, but does not bar recovery"