§Why CasetextPricing

Burke et al v. Hestia Holdings, LLC et al

REPLY MEMORANDUM OF LAW in Support re: 11 MOTION to Dismiss MOTION FOR PARTIAL DISMISSAL OF COUNTERCLAIMS.. Document

12 Cited authorities

  1. Lord v. Souder

    748 A.2d 393 (Del. 2000)   Cited 242 times   1 Legal Analyses
    Holding that four categories articulated above are "exclusive" and explaining that "[r]equiring at-will employee-plaintiffs to fit within one of the four established Pressman categories will prevent further erosion of an employment at-will doctrine already riddled with exceptions"

  2. Xpedior Creditor Trust v. Credit Suisse First Boston

    341 F. Supp. 2d 258 (S.D.N.Y. 2004)   Cited 81 times
    Holding that “a court must determine whether the state law claim relies on misstatements or omissions as a ‘necessary component’ ” of the claim

  3. NIX v. SAWYER

    466 A.2d 407 (Del. Super. Ct. 1983)   Cited 115 times
    Holding that statements made by lawyers and judges in the course of legal proceedings are absolutely privileged from defamations claims

  4. Solow v. Aspect Resources

    Civil Action No. 20397 (Del. Ch. Oct. 19, 2004)   Cited 31 times
    Finding statements that a person has "skills, experience, and resources to successfully and quickly capitalize on [an] opportunity" were "mere puffery" unable to support a fraud claim

  5. New Paradigm Software Corp. v. New Era of Networks

    107 F. Supp. 2d 325 (S.D.N.Y. 2000)   Cited 36 times
    Granting the defendants' motion to dismiss the plaintiff's claim for rescission because "Plaintiff has asserted no reason why damages would not be an adequate remedy"

  6. Gordon v. Matthew Bender Co., Inc.

    562 F. Supp. 1286 (N.D. Ill. 1983)   Cited 63 times
    Holding that a contract based on "satisfactory performance" is terminable at will

  7. Klusty v. Taco Bell Corp.

    909 F. Supp. 516 (S.D. Ohio 1995)   Cited 34 times

    No. C-3-95-258. December 20, 1995. Alfred J. Weisbrod, Troy, OH, Robert C. Paxton, II, Columbus, OH, for Wm. B. Klusty, Clara L. Klusty, and Retail Construction. Michael Wall Currie, Laura H. Pfahl, Arter Hadden, Columbus, OH, for Defendants. ORDER DENYING LEAVE TO AMEND; REPORT AND RECOMMENDATIONS ON MOTIONS TO DISMISS MERZ, United States Magistrate Judge. This case is before the Court upon Motion of Defendant James Santos to Dismiss for Lack of Personal Jurisdiction under Fed.R.Civ.P. 12(b)(2)

  8. Stallings v. U.S. Electronics Inc.

    270 A.D.2d 188 (N.Y. App. Div. 2000)   Cited 22 times
    Holding that former employee's allegations of harassment by her same-sex supervisor because of non-work-related intimate relationship stated cause of action against supervisor for intentional infliction of emotional distress

  9. In re Adelphia Communications Corp.

    Case No. 02-41729 (REG) Jointly Administered, Adversary No. 03-04942 (REG) (Bankr. S.D.N.Y. Aug. 17, 2007)   Cited 6 times

    Case No. 02-41729 (REG) Jointly Administered, Adversary No. 03-04942 (REG). August 17, 2007 BRAGAR WEXLER EAGEL MORGENSTERN, P.C., Counsel for Plaintiff Official Committee of Equity Security Holders, New York, NY, By: Peter D. Morgenstern, Esq., Gregory A. Blue, Esq. (argued), Debra Kramer, Esq., Kate Webber, Esq. KASOWITZ, BENSON, TORRES FRIEDMAN LLP, Counsel for Plaintiff Official Committee of Unsecured Creditors, New York, NY, By: David M. Friedman, Esq. (argued), Andrew K. Glenn, Esq., Adam L

  10. Kaye v. Pantone, Inc.

    395 A.2d 369 (Del. Ch. 1978)   Cited 36 times
    Holding that once an appraisal action has been commenced, all stockholders who have made a timely demand are entitled to participate in that action

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 165,340 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."