11 Cited authorities

Conley v. Gibson
355 U.S. 41 (1957) Cited 58,446 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"
The Bremen v. Zapata Off-Shore Co.
407 U.S. 1 (1972) Cited 4,521 times 41 Legal Analyses
Holding that courts should enforce a choice-of-law clause when it is part of a "freely negotiated private international agreement"
Morrison v. Executive Aircraft Refinishing, Inc.
434 F. Supp. 2d 1314 (S.D. Fla. 2005) Cited 215 times
Holding that accord and satisfaction is only cognizable affirmative defense in FLSA actions brought by federal employees who are represented by a labor union pursuant to the Civil Service Reform Act, 5 U.S.C. § 7121(c)
Augustus v. Board of Public Instruction
306 F.2d 862 (5th Cir. 1962) Cited 664 times
Holding that "a motion to strike should be granted only when the pleading to be stricken has no possible relation to the controversy."
Slater v. Energy Servs. Grp. Int'l Inc.
634 F.3d 1326 (11th Cir. 2011) Cited 91 times 1 Legal Analyses
Holding that forum-selection clause governing "all claims or causes of action relating to or arising from" employment agreement "include[d] all claims arising directly or indirectly from the relationship evidenced by the contract"
Tracfone Wireless, Inc. v. Access Telecom, Inc.
642 F. Supp. 2d 1354 (S.D. Fla. 2009) Cited 63 times
Finding that the plaintiff adequately pled damages under FDUTPA where it alleged that "Defendants' conduct has led to lost profits for Plaintiff"
Action Nissan v. Hyundai Motor America
617 F. Supp. 2d 1177 (M.D. Fla. 2008) Cited 58 times 1 Legal Analyses
Holding that plaintiff's motion to strike far exceeded the deadline imposed by Rule 12(f)
Mid–continent Cas. Co. v. Active Drywall South Inc.
765 F. Supp. 2d 1360 (S.D. Fla. 2011) Cited 11 times
Striking defense premised upon contractual rights where defendant failed to identify contractual provision supporting its legal theory
Chmura v. Monaco Coach Corporation
Case No. 8:04-cv-2054-T-24 MAP (M.D. Fla. Jul. 19, 2005) Cited 6 times
In Chmura, the district court found, on a motion to remand filed almost ten months after removal, that the defendants had waived their right to enforce a presumptively valid forum selection clause by actively litigating in federal court.
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 344,767 times 920 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 155,637 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

DM Records, Inc. v. Warner Music Group Corp.

11 Cited authorities

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"

Holding that courts should enforce a choice-of-law clause when it is part of a "freely negotiated private international agreement"

Holding that accord and satisfaction is only cognizable affirmative defense in FLSA actions brought by federal employees who are represented by a labor union pursuant to the Civil Service Reform Act, 5 U.S.C. § 7121(c)

Holding that "a motion to strike should be granted only when the pleading to be stricken has no possible relation to the controversy."

Holding that forum-selection clause governing "all claims or causes of action relating to or arising from" employment agreement "include[d] all claims arising directly or indirectly from the relationship evidenced by the contract"

Finding that the plaintiff adequately pled damages under FDUTPA where it alleged that "Defendants' conduct has led to lost profits for Plaintiff"

Holding that plaintiff's motion to strike far exceeded the deadline imposed by Rule 12(f)

Striking defense premised upon contractual rights where defendant failed to identify contractual provision supporting its legal theory

In Chmura, the district court found, on a motion to remand filed almost ten months after removal, that the defendants had waived their right to enforce a presumptively valid forum selection clause by actively litigating in federal court.

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. . . ."