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Delfino v. Gulf Coast Town Center Cmbs, Llc et al

MOTION to dismiss for failure to state a claim , MOTION for More Definite Statement

22 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. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,812 times   19 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues

  4. City of Pittsburgh v. West Penn Power Comp

    147 F.3d 256 (3d Cir. 1998)   Cited 910 times
    Holding action that did not lessen competition in a "marketplace" was not antitrust injury

  5. Clay Electric Cooperative, Inc. v. Johnson

    873 So. 2d 1182 (Fla. 2004)   Cited 280 times   2 Legal Analyses
    Holding that the undertaker doctrine only applies if “the third person [suffers] physical harm resulting from [the undertaker's] failure to exercise reasonable care.”

  6. Argonaut Ins. Co. v. May Plumbing Co.

    474 So. 2d 212 (Fla. 1985)   Cited 421 times
    Holding that prejudgment interest is compensation to make the party whole and should be calculated from the date of the loss

  7. Lumbermens Mut. Cas. Co. v. Percefull

    653 So. 2d 389 (Fla. 1995)   Cited 47 times
    Holding that prejudgment interest began to accrue on the date payment was due to the plaintiff, but wrongfully withheld, under the terms of the parties' contract

  8. St. Joseph's Hosp. v. Cowart

    891 So. 2d 1039 (Fla. Dist. Ct. App. 2004)   Cited 30 times   1 Legal Analyses
    Holding that a defendant has no duty to warn of a danger of which it had no knowledge

  9. Hesterly v. Royal Caribbean Cruises Ltd.

    515 F. Supp. 2d 1278 (S.D. Fla. 2007)   Cited 22 times
    Rejecting characterization of cruise line as medical care provider

  10. Strasser v. Yalamanchi

    783 So. 2d 1087 (Fla. Dist. Ct. App. 2001)   Cited 19 times
    Holding the trial judge's comment that, if he were presiding over pre-trial, he would have assessed defendant "a significant six-figure fine" did not warrant reversal as the judge was expressing "understandable frustration and concern" at the "sudden and unexplained revelation" of a discovery violation

  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. . . ."