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CitiMortgage, Inc. v. NL, Inc. et al

MEMORANDUM in Support of Motion re MOTION to Dismiss Case or In the Alternative, For More Definite Statement

15 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 277,112 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

  2. Braden v. Wal-Mart Stores

    588 F.3d 585 (8th Cir. 2009)   Cited 1,940 times   6 Legal Analyses
    Holding fiduciary had duty to disclose "complete and accurate material information about the Plan funds and the process by which they were selected"

  3. Little Rock v. Baptist

    591 F.3d 591 (8th Cir. 2009)   Cited 103 times   2 Legal Analyses
    Holding that “the theory upon which [the plaintiff] relies to reach the conclusion that a single city is the relevant geographic market is legally flawed”

  4. 66, Inc. v. Crestwood Commons Redevelopment

    998 S.W.2d 32 (Mo. 1999)   Cited 81 times
    Finding undercapitalization when corporate entity "never had any assets, net worth, [or] bank accounts"

  5. Greater Kansas City Laborers Pension Fund v. Superior General Contractors, Inc.

    104 F.3d 1050 (8th Cir. 1997)   Cited 86 times
    Holding that the court had jurisdiction under ERISA for a Section 515 claim and that the NLRA did not govern

  6. Tinder v. Lewis County Nursing Home District

    207 F. Supp. 2d 951 (E.D. Mo. 2001)   Cited 68 times
    Concluding that the FNHRA and corresponding regulations "are part of a regulatory scheme designed to bring long term care facilities into substantial compliance with federal Medicare and Medicaid requirements and were not intended to establish an independent cause of action for violations of those requirements"

  7. Mobius Mgmt. v. West Physician Search

    175 S.W.3d 186 (Mo. Ct. App. 2005)   Cited 50 times
    Holding that the corporate veil may be pierced when "its assets are stripped to avoid creditors"

  8. Maganallez v. Hilltop Lending Corp.

    505 F. Supp. 2d 594 (N.D. Cal. 2007)   Cited 26 times
    Finding that claims for breach of fiduciary duty and negligence were grounded in fraud

  9. NEXTEP, LLC v. KABA BENZING AMERICA, INC.

    Case No. 4:07CV1107 RWS (E.D. Mo. Nov. 28, 2007)   Cited 25 times

    Case No. 4:07CV1107 RWS. November 28, 2007 MEMORANDUM AND ORDER RODNEY SIPPEL, District Judge This matter is before me on Defendant's Motion to Dismiss [#6] or, in the alternative, Motion for a More Definite Statement [#6]. Plaintiff NEXTEP, LLC ("NEXTEP") brought this suit against Kaba Benzing America, Inc. ("Kaba") claiming breach of contract. Kaba moves to dismiss this claim on the basis that NEXTEP has failed to state a claim upon which relief may be granted. In the alternative, Kaba requests

  10. Real Estate Investors v. American Design

    46 S.W.3d 51 (Mo. Ct. App. 2001)   Cited 30 times
    Setting out elements of alter ego claim

  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 358,269 times   949 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 162,307 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."