§Why CasetextPricing

Firequip, Inc. v. Precision Frac, Llc

Motion to Dismiss for Failure to State a Claim

14 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 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 266,542 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 4,550 times   6 Legal Analyses
    Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees

  4. Plotkin v. IP Axess Inc.

    407 F.3d 690 (5th Cir. 2005)   Cited 944 times
    Holding that a plaintiff must plead with “specificity as to the statements (or omissions) considered to be fraudulent, the speaker, when and why the statements were made, and an explanation of why they were fraudulent.”

  5. Fernandez-Montes v. Allied Pilots Ass'n

    987 F.2d 278 (5th Cir. 1993)   Cited 1,357 times   1 Legal Analyses
    Holding that "conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss."

  6. Sullivan v. Leor Energy, LLC

    600 F.3d 542 (5th Cir. 2010)   Cited 367 times
    Holding employment agreement with stated term of two and a half years was subject to the statute of frauds even though employee could be terminated without cause

  7. TIB-The Independent BankersBank v. Canyon Community Bank

    13 F. Supp. 3d 661 (N.D. Tex. 2014)   Cited 30 times   1 Legal Analyses
    Holding that to the extent plaintiff sought to recover out-of-pocket expenses incurred in connection with having to repurchase the loan from the lender, plaintiff had sufficiently alleged an injury independent from the subject matter of the loan

  8. I Love Omni, LLC v. Omnitrition Int'l, Inc.

    CIVIL ACTION NO. 3:16-CV-2410-G (N.D. Tex. Mar. 17, 2017)

    CIVIL ACTION NO. 3:16-CV-2410-G 03-17-2017 I LOVE OMNI, LLC, ET AL., Plaintiffs, v. OMNITRITION INTERNATIONAL, INC., Defendant/Counter-Plaintiff, v. HEIDI WHITEHAIR, ET AL., Counter-Defendants/Third-Party Defendants. A. JOE FISH Senior United States District Judge MEMORANDUM OPINION AND ORDER Before the court is the motion of the defendant, Omnitrition International, Inc. ("Omnitrition"), to dismiss the claims of the plaintiffs, I Love Omni, LLC ("ILO") and Heidi Whitehair ("Whitehair"), pursuant

  9. AMERICAN SURGICAL ASST. v. UNITED HEALTHCARE OF TEX

    CIVIL ACTION NO. 4:09-cv-0774 (S.D. Tex. Mar. 30, 2010)   Cited 4 times

    CIVIL ACTION NO. 4:09-cv-0774. March 30, 2010 MEMORANDUM AND ORDER KEITH ELLISON, District Judge Pending before the Court is Defendants' Response to Plaintiff's Motion for Leave to File an Amended Pleading, or Alternatively, Motion to Dismiss, and Brief in Support Thereof (Doc. No. 16), and Plaintiff American Surgical Assistants, Inc.'s Motion to Take Judicial Notice of United States Senate Report (Doc. No. 27). After considering the parties' filings, all responses and replies thereto, and the applicable

  10. Horn v. Gra-Gar, LLC

    No. A-12-672 (Neb. Ct. App. Jul. 23, 2013)

    No. A-12-672 07-23-2013 RALPH HORN, APPELLEE, v. GRA-GAR, LLC, APPELLANT. Bradley D. Shidler, of Werner Enterprises, Inc., and, on brief, Daniel R. Fridrich and Nathan J. Meisgeier for appellant. Jeffrey F. Putnam, of Law Offices of Jeffrey F. Putnam, P.C., for appellee. MULLEN MEMORANDUM OPINION AND JUDGMENT ON APPEAL NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E). Appeal from the Workers' Compensation Court:

  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 345,805 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 156,162 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. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,918 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"