8 Cited authorities

West Run Student Housing Associates, LLC v. Huntington National Bank
712 F.3d 165 (3d Cir. 2013) Cited 774 times
Holding the legal effect of an amended pleading is that it supersedes and nullifies the allegations made in the original pleading
Williams v. New Castle County
970 F.2d 1260 (3d Cir. 1992) Cited 80 times
Explaining that COBRA amendments to the PHSA “fill this gap [from ERISA] by providing similar protection to beneficiaries losing coverage” under governmental plans
Payne v. Lampe (In re Lampe)
665 F.3d 506 (3d Cir. 2011) Cited 40 times
Holding that "a showing of unjust enrichment still may be significant in a case involving a claim of breach of fiduciary duties, particularly when the duty is of loyalty" and finding director was unjustly enriched through breach of fiduciary duty
Diversified Indus., Inc. v. Vinyl Trends, Inc.
Civil Action No. 13-6194 (JBS/JS) (D.N.J. May. 1, 2014) Cited 21 times
Dismissing a tortious interference counterclaim when "[d]efendant fail[ed] to identify any actual contract or customer affected by [p]laintiff's alleged misconduct."
Rost v. Avelo Mortg., LLC
Civil Action No. 15-3254 (D.N.J. Nov. 3, 2015) Cited 8 times
Dismissing a borrower's HAMP claim, and citing the holding in Sinclair
Mitchell v. Vincente
Civ. No. 12-03394 (FLW) (D.N.J. Mar. 17, 2014) Cited 2 times
Recognizing that the claims are one in the same
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 357,280 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,612 times 51 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Danise v. Saxon Mortgage Services, Inc. et al

8 Cited authorities

Holding the legal effect of an amended pleading is that it supersedes and nullifies the allegations made in the original pleading

Explaining that COBRA amendments to the PHSA “fill this gap [from ERISA] by providing similar protection to beneficiaries losing coverage” under governmental plans

Holding that "a showing of unjust enrichment still may be significant in a case involving a claim of breach of fiduciary duties, particularly when the duty is of loyalty" and finding director was unjustly enriched through breach of fiduciary duty

Dismissing a tortious interference counterclaim when "[d]efendant fail[ed] to identify any actual contract or customer affected by [p]laintiff's alleged misconduct."

Dismissing a borrower's HAMP claim, and citing the holding in Sinclair

Recognizing that the claims are one in the same

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"