§Why CasetextPricing

Cruz et al v. Robins & Morton, Llc

MOTION to dismiss for failure to state a claim

13 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 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 280,791 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. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,635 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,382 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"

  5. Hunnings v. Texaco, Inc.

    29 F.3d 1480 (11th Cir. 1994)   Cited 557 times
    Holding manufacturer of mineral spirits, an "`inherently dangerous commodity'" to heightened responsibility to prevent misuse of their product

  6. Rajasekhar v. Fla. Dep't of Envtl. Prot.

    Case No. 4:14cv149-MW/CAS (N.D. Fla. Dec. 3, 2014)

    Case No. 4:14cv149-MW/CAS 12-03-2014 DASYAM SAMUEL RAJASEKHAR, Plaintiff, v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Defendant. Mark E. Walker United States District Judge ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION This Court has considered, without hearing, the Magistrate's Report and Recommendation, ECF No. 12, and has considered de novo Plaintiff's Objections to the Proposed Order Dismissing the Claim, ECF No. 13. Accordingly, IT IS ORDERED: The report and recommendation is

  7. 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 362,607 times   962 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  8. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  9. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 101,144 times   141 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  10. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,665 times   130 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  11. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,918 times   265 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race

  12. Rule 20 - Permissive Joinder of Parties

    Fed. R. Civ. P. 20   Cited 11,868 times   22 Legal Analyses
    Granting courts authority to "issue orders-including an order for separate trials."

  13. Section 760.01 - Purposes; construction; title

    Fla. Stat. § 760.01   Cited 461 times   4 Legal Analyses
    Stating the legislative intent is "to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status"