§Why CasetextPricing

Guffy v. Greenberg Traurig, LLP et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

40 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,459 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 266,381 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 4,542 times   6 Legal Analyses
    Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees

  4. United States v. Whiting Pools, Inc.

    462 U.S. 198 (1983)   Cited 1,850 times   8 Legal Analyses
    Holding that the Internal Revenue Service could be required to turn over to bankrupt estate tangible property to which debtor retained ownership

  5. Lone Star Fund v. Barclays Bank

    594 F.3d 383 (5th Cir. 2010)   Cited 1,860 times
    Holding that a court considering a Rule 12(b) motion is "limited to the complaint, any documents attached to the complaint, and any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint"

  6. Begier v. Internal Revenue Service

    496 U.S. 53 (1990)   Cited 813 times   7 Legal Analyses
    Holding that the segregation of funds was not a prerequisite to the establishment of a statutory trust under the Internal Revenue Code

  7. 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."

  8. Asarco, L.L.C. v. Jordan Hyden Womble Culbreth & Holzer, P.C. (In re Asarco, L.L.C.)

    751 F.3d 291 (5th Cir. 2014)   Cited 60 times   2 Legal Analyses
    Holding that "this court, like the Supreme Court, has not held that reasonable attorneys' fees in federal court have been 'nationalized'"

  9. In re Petters Co.

    495 B.R. 887 (Bankr. D. Minn. 2013)   Cited 52 times   1 Legal Analyses
    Holding that Rule 8, rather than Rule 9(b), applies to constructive fraudulent transfer claims, and collecting cases in support

  10. Stettner v. Smith (In re IFS Financial Corp.)

    669 F.3d 255 (5th Cir. 2012)   Cited 50 times   1 Legal Analyses
    Holding that "control is decisive," not legal title

  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 345,620 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 156,056 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 105 - Power of court

    11 U.S.C. § 105   Cited 9,427 times   73 Legal Analyses
    Granting the court powers as appropriate to carry out the Code

  14. Section 544 - Trustee as lien creditor and as successor to certain creditors and purchasers

    11 U.S.C. § 544   Cited 8,184 times   57 Legal Analyses
    Granting to the bankruptcy trustee the power to "avoid any transfer of an interest of the debtor in property"

  15. Section 363 - Use, sale, or lease of property

    11 U.S.C. § 363   Cited 7,087 times   155 Legal Analyses
    Granting trustee authority, after notice and hearing, to sell property of estate

  16. Section 548 - Fraudulent transfers and obligations

    11 U.S.C. § 548   Cited 6,509 times   81 Legal Analyses
    Seeking to avoid constructively fraudulent transfers

  17. Section 550 - Liability of transferee of avoided transfer

    11 U.S.C. § 550   Cited 4,479 times   29 Legal Analyses
    Identifying a transferee’s liability to a trustee for, among other things, fraudulent transfers

  18. Section 1107 - Rights, powers, and duties of debtor in possession

    11 U.S.C. § 1107   Cited 3,207 times   11 Legal Analyses
    Granting to a debtor-in possession "all the rights . . . of a trustee serving in a case under this chapter"

  19. Section 364 - Obtaining credit

    11 U.S.C. § 364   Cited 1,026 times   15 Legal Analyses
    Granting bankruptcy courts authority to afford superpriority status to post-petition borrowings when the debtor is unable to obtain unsecured credit

  20. Section 1108 - Authorization to operate business

    11 U.S.C. § 1108   Cited 604 times   2 Legal Analyses
    Granting a chapter 11 debtor, with some exceptions, all the rights and powers of a trustee