§Why CasetextPricing

Elder v. Whitney Bank

MOTION to Dismiss For Failure to State a Claim

31 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,314 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,259 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. In re Katrina Canal

    495 F.3d 191 (5th Cir. 2007)   Cited 4,540 times   6 Legal Analyses
    Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees

  4. Collins v. Morgan Stanley Dean Witter

    224 F.3d 496 (5th Cir. 2000)   Cited 3,501 times
    Holding that a court may consider “[d]ocuments that a defendant attaches to a motion to dismiss ... if they are referred to in the plaintiff's complaint and are central to her claim” (quoting Venture Assocs. Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993) )

  5. Causey v. Sewell Cadillac-Chevrolet, Inc.

    394 F.3d 285 (5th Cir. 2004)   Cited 881 times
    Holding that "[d]ocuments that a defendant attaches to a motion to dismiss are considered part of the pleadings if they are referred to in the plaintiff's complaint and are central to her claim"

  6. Guidry v. Bank of LaPlace

    954 F.2d 278 (5th Cir. 1992)   Cited 950 times
    Holding that conclusory allegations and unwarranted deductions of fact are not admitted as true

  7. Roberts v. Benoit

    605 So. 2d 1032 (La. 1992)   Cited 455 times
    Finding that the defendant owed a duty to exercise reasonable care in hiring, that the scope of that duty did not encompass the risk of plaintiff's injury, and that the court's finding as to scope of the duty abrogated the need to discuss breach

  8. Elliott v. Foufas

    867 F.2d 877 (5th Cir. 1989)   Cited 407 times
    Holding that "[t]o avoid dismissal for failure to state a claim, a plaintiff must plead specific facts . . . which establish the existence of an enterprise"

  9. In re Mashburn

    951 So. 2d 1136 (La. Ct. App. 2007)   Cited 13 times

    Nos. 2006 CA 0741, 2006 CA 0742, 2005 CW 0887. December 28, 2006. Rehearing Denied January 31, 2007. Appeal from the Twenty-First Judicial District Court, Parish of Tangipahoa, No. 2001-003,363 and Probate No. 71,685, Ernest G. Drake, Jr., J. L. Kevin Coleman, Mandeville, for Appellants/Relators Joseph P. Mashburn and Don Mashburn, Co-Trustees and Managing Trustees of the Jack and Sadie Pugh Mashburn Marital Trust, and Joseph P. Mashburn and Richard A. Mashburn, in Their Capacity as the Co-Trustees

  10. United State ex rel. Williams v. C. Martin Co.

    CIVIL ACTION NO. 07-6592 (E.D. La. May. 1, 2012)

    CIVIL ACTION NO. 07-6592 05-01-2012 UNITED STATE, EX REL. ROBYN WILLIAMS, Plaintiff-Relator, v. C. MARTIN COMPANY, INC. LAURA CRAIG, MEDLEY JARVIS INDUSTRIES, W. BEN MEDLEY and MICHAEL JARVIS Defendants JANE TRICHE MILAZZO SECTION: H JUDGE JANE TRICHE MILAZZO MAGISTRATE: 1 MAG. SALLY SHUSHAN ORDER AND REASONS Before the Court is Defendants', Michael Jarvis, W. Ben Medley and Medley Jarvis Industries, Inc. (collectively the "MJ Defendants"), Motion to Dismiss. (Doc. 57.) On January 27, 2012 the MJ

  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 345,449 times   922 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 155,974 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 9:1731 - Trust defined

    La. Stat. tit. 9 § 1731   Cited 45 times
    Requiring that trust be administered by trustee "as a fiduciary for the benefit of another"

  14. Section 9:2082 - Administration in interest of beneficiary; duty of impartiality

    La. Stat. tit. 9 § 2082   Cited 35 times

    A. A trustee shall administer the trust solely in the interest of the beneficiary. B. When there is more than one beneficiary, a trustee shall administer the trust impartially, based on what is fair and reasonable to all of the beneficiaries, except to the extent that the trust instrument manifests an intention that the trustee shall or may favor one or more of the beneficiaries. La. R.S. § 9:2082 Acts 2001, No. 520, §1. Acts 2001, No. 520, §1.

  15. Section 9:2026 - Termination or modification to prevent impairment of trust purposes; termination of small trust

    La. Stat. tit. 9 § 2026   Cited 10 times

    A. The proper court may order the termination or modification of a trust, in whole or in part, if the continuance of the trust unchanged would defeat or substantially impair the purposes of the trust. In the event of termination of a trust under this Subsection, the proper court shall provide for the distribution of the trust property, including principal and undistributed income, to the beneficiaries in a manner that conforms as nearly as possible to the intention of the settlor. B. Except as otherwise

  16. Section 9:1802 - Sufficiency of designation

    La. Stat. tit. 9 § 1802   Cited 8 times

    A beneficiary must be designated in the trust instrument, except as otherwise provided in this Code. The designation is sufficient if the identity of the beneficiary is objectively ascertainable solely from standards stated in the trust instrument. La. R.S. § 9:1802

  17. Section 9:2181 - General rule

    La. Stat. tit. 9 § 2181   Cited 6 times

    A trustee is entitled to reasonable compensation from the trust estate for his services as trustee, unless the trust instrument provides otherwise or unless the trustee waives compensation. La. R.S. § 9:2181

  18. Section 9:2191 - Indemnity for expenses properly incurred

    La. Stat. tit. 9 § 2191   Cited 5 times

    A trustee is entitled to indemnity from the trust estate for expenses properly incurred by him in the administration of the trust, unless the trust instrument provides otherwise. La. R.S. § 9:2191

  19. Section 9:2028 - Concurrence of settlors in termination

    La. Stat. tit. 9 § 2028   Cited 5 times

    Except as otherwise provided by law or the trust instrument, the consent of all settlors, trustees, and beneficiaries shall not be effective to terminate the trust or any disposition in trust. La. R.S. § 9:2028 Acts 2015, No. 219, §1. Amended by Acts 2015, No. 219,s. 1, eff. 8/1/2015.

  20. Section 9:2251 - Severability of provisions of trust instrument

    La. Stat. tit. 9 § 2251   Cited 4 times

    If a provision in the trust instrument is invalid for any reason, the intended trust does not fail, unless the invalid provision cannot be separated from the other provisions without defeating the purpose of the trust. La. R.S. § 9:2251