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Griggs v. USAA Casualty Insurance Company (Usaa) et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,100 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,127 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

  3. Marshall Cty. Bd. of Educ. v. Marshall Cty

    992 F.2d 1171 (11th Cir. 1993)   Cited 1,027 times
    Finding that under Rule 12(b), dismissal of a complaint is appropriate "when, on the basis of a dispositive issue of law, no construction of the factual allegations will support the cause of action."

  4. Thomas v. Pentagon Federal Credit Union

    393 F. App'x 635 (11th Cir. 2010)   Cited 164 times
    Holding that plaintiff who pled that defendant fraudulently changed the terms of his promissory note failed to adequately plead fraud claim because he did not identify specific statements made by the defendants

  5. Norton v. Budget Rent a Car System, Inc.

    307 Ga. App. 501 (Ga. Ct. App. 2010)   Cited 112 times

    No. A10A1621. DECIDED DECEMBER 22, 2010. Contract. Chatham State Court. Before Judge Coolidge. Bouhan, Williams Levy, Roy E. Paul, for appellant. Sherwin P. Robin, for appellee. PHIPPS, Presiding Judge. Ouida Lee Norton was sued by Budget Rent A Car System, Inc. because of damage sustained by a truck she rented from that company. In this interlocutory appeal, Norton contests the denial of her motion for summary judgment. We review the denial of summary judgment de novo, viewing the evidence and all

  6. Yarbray v. Southern Bell Tel. c. Co.

    261 Ga. 703 (Ga. 1991)   Cited 162 times
    Concluding that where evidence showed employer deliberately set out to retaliate against its employee for testifying against the employer, including subjecting her to abuse and causing her severe emotional pain could subject the company to damage for intentional infliction of emotional distress.

  7. Baxter v. Fairfield Financial Services

    307 Ga. App. 286 (Ga. Ct. App. 2010)   Cited 54 times
    Finding that because there was no confidential relationship between the Bank and the Plaintiffs they could not justifiably rely on the Bank's statements

  8. Ryckeley v. Callaway

    261 Ga. 828 (Ga. 1992)   Cited 77 times
    In Ryckeley v. Callaway, 261 Ga. 828 (412 S.E.2d 826) (1992), the plaintiffs sought to recover damages for the defendants' alleged conduct in damaging part of a private burial ground in which some of the plaintiffs' ancestors were buried.

  9. Myung Sung Presbyterian Church, Inc. v. North American Ass'n of Slavic Churches & Ministries, Inc.

    291 Ga. App. 808 (Ga. Ct. App. 2008)   Cited 43 times
    Holding trial court correctly implied a requirement for the landlord to apply for renewal of a zoning variance

  10. United Parcel Service v. Moore

    238 Ga. App. 376 (Ga. Ct. App. 1999)   Cited 39 times
    Noting that "[s]harp or sloppy business practices, even if in breach of contract, are not generally considered as going beyond all reasonable bounds of decency as to be utterly intolerable in a civilized community"

  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 361,853 times   962 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 13-3-1 - Essentials of contracts generally

    Ga. Code § 13-3-1   Cited 303 times
    Describing the essentials of a contract under Georgia law