15 Cited authorities

  1. Federal Trade Commission v. Innovative Marketing, Inc.

    654 F. Supp. 2d 378 (D. Md. 2009)   Cited 88 times
    Holding that Rule 9(b) does not apply to claims under § 5 of the FTC Act
  2. First American Financial v. Edwards

    564 U.S. 1018 (2011)   Cited 18 times   4 Legal Analyses
    Granting writ of certiorari in part
  3. Fed. Express Corp. v. U.S. Postal Serv.

    40 F. Supp. 2d 943 (W.D. Tenn. 1999)   Cited 30 times
    Looking to defendant's intent and effect on litigation in determining whether to reach the merits of successive Rule 12(b) motion
  4. 766347 Ontario Ltd. v. Zurich Capital Markets Inc.

    274 F. Supp. 2d 926 (N.D. Ill. 2003)   Cited 20 times

    No. 02 C 3223 July 28, 2003 Constantine John Gekas, Gekas Associates, Ltd., Chicago, IL, for plaintiffs. MEMORANDUM OPINION AND ORDER AMY J. ST. EVE, District Judge Defendants have moved to dismiss the Second Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, Their motion is granted in part and denied in part. In addition, the Court dismisses Defendants M.J. Diversified Fund, L.P. ("MJD") and M.J. Financial Arbitrage, L.P. ("MJFA") sua sponte for

  5. Strandell v. Jackson County, Ill.

    648 F. Supp. 126 (S.D. Ill. 1986)   Cited 40 times
    Allowing second Rule 12(b) motion and holding that "[a]lthough the proper procedure for raising the [Rule 12(b)] defenses now at issue is in a motion for judgment on the pleadings, `since the objection of failure to state a claim is so basic and is not waived, the Court might properly entertain the second motion to dismiss if convinced that it is not interposed for delay and that the disposition of the case on the merits can be expedited by so doing.'"
  6. Davis v. Dearborn, City of

    Case No. 2:09-CV-14892 (E.D. Mich. Sep. 2, 2010)   Cited 8 times

    Case No. 2:09-CV-14892. September 2, 2010 OPINION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS MARIANNE BATTANI, District Judge I. INTRODUCTION Before the Court is Defendants Dan Hardy and the National Railroad Passenger Corporation's Motion to Dismiss for Failure to State a Claim Upon Which Relief May be Granted. In her Complaint, Plaintiff Yancy Davis alleges violations of state and federal law in connection with the sale of her vehicle. For the reasons discussed below, the Court grants Defendants'

  7. In re Parmalat Securities Litigation

    497 F. Supp. 2d 526 (S.D.N.Y. 2007)   Cited 10 times
    Dismissing foreign purchasers' claims as against the Deloitte, Grant Thornton, Citi, and Bank of America defendants on the ground that the United States securities laws did not apply to those claims
  8. Lee v. Deloitte & Touche LLP

    428 F. Supp. 2d 825 (N.D. Ill. 2006)   Cited 8 times
    Finding Rule 17 objection raised in motion to dismiss waived when brought four years after suit filed
  9. Simmons v. Sgt. Catton

    Case No. 08-1337 (C.D. Ill. Dec. 8, 2009)   Cited 1 times

    Case No. 08-1337. December 8, 2009 ORDER MICHAEL MIHM, District Judge The Defendants previously filed a Motion to Dismiss [#39] Plaintiff Simmons' Complaint on April 24, 2009, which was ruled upon by this Court on September 30, 2009. On October 15, 2009, Defendants Umholtz, Catton, Troyer, and Tazewell County Sheriff's Department filed their second Motion to Dismiss [#71]. On November 5, 2009, a Report Recommendation was filed by Magistrate Judge Byron G. Cudmore. More than ten (10) days have elapsed

  10. Bollig v. Christian Community Homes Services, Inc.

    02-C-532-C (W.D. Wis. Jul. 10, 2003)   Cited 1 times

    02-C-532-C July 10, 2003 OPINION and ORDER BARBARA B. CRABB, Chief Judge, District This is a civil action for monetary relief brought pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001-1461. Plaintiffs Dolly and Steve Bollig seek damages from defendant Christian Community Homes and Services, Inc., Dolly Bollig's former employer, for unpaid medial expenses they incurred in July 2000 in preparation for a liver transplant that their son later received. At the time their

  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 346,675 times   923 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 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,253 times   122 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time