§Why CasetextPricing

Edwards et al v. Wright National Flood Insurance Co et al

MOTION to Dismiss For Failure to State a Claim Plaintiffs' Claims for Bad Faith, Statutory Penalties, and Wright National Flood Insurance Services, LLC

40 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 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

  2. Hishon v. King Spalding

    467 U.S. 69 (1984)   Cited 12,541 times   7 Legal Analyses
    Holding that the right of expression does not permit selecting law firm partners in violation of Title VII

  3. Jenkins v. McKeithen

    395 U.S. 411 (1969)   Cited 7,714 times
    Holding that in 12(b) motions, material allegations are taken as true and liberally construed in favor of non-moving party

  4. In re Katrina Canal

    495 F.3d 191 (5th Cir. 2007)   Cited 4,749 times   6 Legal Analyses
    Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees

  5. Cuvillier v. Taylor

    503 F.3d 397 (5th Cir. 2007)   Cited 1,455 times
    Holding that "to survive a Rule 12(b) motion to dismiss, a complaint 'does not need detailed factual allegations,' but must provide the plaintiff's grounds for entitlement to relief-including factual allegations that when assumed to be true 'raise a right to relief above the speculative level.'" (quoting Twombly, 550 U.S. at 555)

  6. Wright v. Allstate Ins. Co.

    415 F.3d 384 (5th Cir. 2005)   Cited 248 times   1 Legal Analyses
    Holding that "state law tort claims arising from claims handling by a WYO are preempted by federal law"

  7. Campo v. Allstate Ins. Co.

    562 F.3d 751 (5th Cir. 2009)   Cited 182 times   1 Legal Analyses
    Holding that state law claims related to policy procurement are not preempted by federal law

  8. Associated Builders, v. Alabama Power Company

    505 F.2d 97 (5th Cir. 1974)   Cited 486 times
    Holding that district court was correct to grant defendant's motion to dismiss where a reasonable fact-finder could not find that a prospectus that plaintiff appended to the complaint was misleading

  9. Battle v. Seibels Bruce Ins. Co.

    288 F.3d 596 (4th Cir. 2002)   Cited 143 times
    Holding that district courts possess subject matter jurisdiction over breach of contract claims arising out of SFIPs

  10. In re Burzynski

    989 F.2d 733 (5th Cir. 1993)   Cited 171 times
    Holding that district court did not err in dismissing doctor's Insurance Code claim where doctor "[could not] argue that he himself relied on the false representations"

  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 357,835 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

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,283 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  14. Section 4001 - Congressional findings and declaration of purpose

    42 U.S.C. § 4001   Cited 730 times   2 Legal Analyses
    Providing "It is therefore the further purpose of this chapter to make available . . . protection against damage and loss resulting from mudslides that are caused by accumulations of water on or under the ground."

  15. Section 22:1220 - Redesignated

    La. Stat. tit. 22 § 1220   Cited 490 times
    Failing to pay within 30 days after an agreement has been reduced to writing

  16. Section 4071 - Federal operation of program; determination by Administrator; fiscal agents; report to Congress

    42 U.S.C. § 4071   Cited 255 times
    Authorizing FEMA director to utilize insurance companies as fiscal agents of the United States

  17. Section 4011 - Authorization to establish and carry out program

    42 U.S.C. § 4011   Cited 110 times
    Authorizing the creation of the NFIP

  18. Section 1997 - Obligor in bad faith

    La. Civ. Code art. 1997   Cited 107 times

    An obligor in bad faith is liable for all the damages, foreseeable or not, that are a direct consequence of his failure to perform. La. C.C. § 1997 Acts 1984, No. 331, §1, eff. Jan. 1, 1985. Acts 1984, No. 331, §1, eff. 1/1/1985.

  19. Section 4017 - National Flood Insurance Fund

    42 U.S.C. § 4017   Cited 98 times
    Establishing the National Flood Insurance Fund

  20. Section 4013 - Nature and limitation of insurance coverage

    42 U.S.C. § 4013   Cited 86 times
    Providing commercial coverage

  21. Section 62.23 - WYO Companies authorized

    44 C.F.R. § 62.23   Cited 72 times
    Characterizing the relationship between the federal government and WYO companies as "one of a fiduciary nature" and intended to "assure that any taxpayer funds are accounted for and appropriately expended"

  22. Section 61.13 - Standard Flood Insurance Policy

    44 C.F.R. § 61.13   Cited 66 times
    Stating that no provision of the SFI Policy shall be altered, varied, or waived other than by the express written consent of the Federal Insurance Administrator

  23. Section 61.4 - Special terms and conditions

    44 C.F.R. § 61.4   Cited 32 times
    Stipulating that the Federal Insurance Administrator promulgates "the terms and conditions of the Standard Flood Insurance Policy"