25 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 269,421 times 281 Legal Analyses
Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 282,303 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
Erie R. Co. v. Tompkins
304 U.S. 64 (1938) Cited 20,879 times 19 Legal Analyses
Holding that state law governs substantive issues and federal law governs procedural issues
St. Paul Indemnity Co. v. Cab Co.
303 U.S. 283 (1938) Cited 6,259 times 14 Legal Analyses
Holding that the plaintiff "may resort to the expedient of suing for less than the jurisdictional amount ... though he would be justly entitled to more"
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
Clay Electric Cooperative, Inc. v. Johnson
873 So. 2d 1182 (Fla. 2004) Cited 282 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.”
Argonaut Ins. Co. v. May Plumbing Co.
474 So. 2d 212 (Fla. 1985) Cited 423 times
Holding that prejudgment interest is compensation to make the party whole and should be calculated from the date of the loss
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
Cassel v. Price
396 So. 2d 258 (Fla. Dist. Ct. App. 1981) Cited 63 times
Holding that a landowner is not an insurer of a business invitee's safety
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
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 364,364 times 963 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 165,340 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

25 Cited authorities

Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

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

Holding that state law governs substantive issues and federal law governs procedural issues

Holding that the plaintiff "may resort to the expedient of suing for less than the jurisdictional amount ... though he would be justly entitled to more"

Holding action that did not lessen competition in a "marketplace" was not antitrust injury

Holding that the undertaker doctrine only applies if “the third person [suffers] physical harm resulting from [the undertaker's] failure to exercise reasonable care.”

Holding that prejudgment interest is compensation to make the party whole and should be calculated from the date of the loss

Holding that a defendant has no duty to warn of a danger of which it had no knowledge

Holding that a landowner is not an insurer of a business invitee's safety

Rejecting characterization of cruise line as medical care provider

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."