§Why CasetextPricing

Crayton et al v. Armstrong International Inc et al

MOTION to Dismiss or in the alternative, for more definite stament; motion to sever

27 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 279,746 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. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,319 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"

  4. Byrne v. Nezhat

    261 F.3d 1075 (11th Cir. 2001)   Cited 952 times   2 Legal Analyses
    Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case

  5. Anderson v. District Board of Trustees of Central Florida Community College

    77 F.3d 364 (11th Cir. 1996)   Cited 950 times
    Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count

  6. Strat. Income Fund v. Spear, Leeds Kellogg

    305 F.3d 1293 (11th Cir. 2002)   Cited 719 times   1 Legal Analyses
    Deciding that the third amended complaint, which contained 127 paragraphs, all incorporated by reference into nine separate counts created an "onerous task" for the trial court to sift through

  7. Fullman v. Graddick

    739 F.2d 553 (11th Cir. 1984)   Cited 1,048 times
    Holding that mere verification of a party's own conclusory allegations is insufficient to withstand a motion for summary judgment

  8. Magluta v. Samples

    256 F.3d 1282 (11th Cir. 2001)   Cited 546 times
    Holding that a complaint was a shotgun complaint when, among other issues, the complaint was 58-pages long and contained at least 146 numbered paragraphs

  9. Cramer v. State of Florida

    117 F.3d 1258 (11th Cir. 1997)   Cited 457 times   1 Legal Analyses
    Affirming the dismissal of a complaint alleging discrimination under the ADA where the plaintiffs failed to allege that "they are unable to perform the essential functions of their jobs"

  10. Beckwith v. City of Daytona Beach Shores

    58 F.3d 1554 (11th Cir. 1995)   Cited 181 times
    Holding on this basis that McKinney did not prevent First Amendment retaliatory discharge claims

  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 361,353 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 163,831 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. Rule 20 - Permissive Joinder of Parties

    Fed. R. Civ. P. 20   Cited 11,808 times   22 Legal Analyses
    Granting courts authority to "issue orders-including an order for separate trials."

  14. Rule 21 - Misjoinder and Nonjoinder of Parties

    Fed. R. Civ. P. 21   Cited 7,811 times   14 Legal Analyses
    Granting district courts broad discretion when deciding whether to sever claims or to dismiss improperly joined claims or defendants