§Why CasetextPricing

Immediate Capital Group, Inc. v. Spongetech Delivery System, Inc.

MOTION to Dismiss 18 Amended Complaint

14 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 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' "

  2. Dairy Queen v. Wood

    369 U.S. 469 (1962)   Cited 1,151 times   1 Legal Analyses
    Holding that jury trial was required where legal claims seeking monetary relief and equitable claims seeking injunctive relief both hinged on "the question of whether there [had] been a breach of contract"

  3. American United v. Martinez

    480 F.3d 1043 (11th Cir. 2007)   Cited 562 times
    Holding that the failure to allege a duty to disclose is fatal to a RICO claim premised on mail fraud arising out of alleged nondisclosure of material information

  4. Mills v. Foremost Ins. Co.

    511 F.3d 1300 (11th Cir. 2008)   Cited 221 times   1 Legal Analyses
    Holding that victims of Hurricane Frances had class representative standing to represent victims of other hurricanes that had hit Florida that year in suit against insurance company for breach of contract because the absent class members' claims were "identical" to those brought by the named plaintiffs

  5. S.E.C. v. ESM GROUP, INC

    835 F.2d 270 (11th Cir. 1988)   Cited 359 times
    Holding that fraud on the court is the type of fraud which prevents or impedes the proper functioning of the judicial process, and it must threaten public injury, as distinguished from injury to a particular litigant

  6. Tracfone Wireless, Inc. v. Access Telecom, Inc.

    642 F. Supp. 2d 1354 (S.D. Fla. 2009)   Cited 63 times
    Finding that the plaintiff adequately pled damages under FDUTPA where it alleged that "Defendants' conduct has led to lost profits for Plaintiff"

  7. Ben-Yishay v. Mastercraft Development, LLC

    553 F. Supp. 2d 1360 (S.D. Fla. 2008)   Cited 31 times
    Finding fraudulent inducement claim arbitrable because the claim related to the contract

  8. Managed Care Solutions, Inc. v. Essent Healthcare

    694 F. Supp. 2d 1275 (S.D. Fla. 2010)   Cited 18 times
    Concluding that the fact that the aggregation of thousands of receivables might be required did not make calculation of damages unduly complex

  9. Ventrassist Pty Ltd. v. Heartware Inc.

    377 F. Supp. 2d 1278 (S.D. Fla. 2005)   Cited 18 times   1 Legal Analyses
    Declining to rule on a motion for summary judgment when it was filed two months before initial discovery disclosures were due

  10. Morse, LLC v. United Wisconsin Life Insurance

    356 F. Supp. 2d 1296 (S.D. Fla. 2005)   Cited 18 times   1 Legal Analyses

    No. 04-22435-CIV-ALTONAGA, 04-22435-CV. February 3, 2005. Nancy Cayford Wear, Coral Gables, FL, Gregorio A. Dickson, Pinkert Law Firm, Miami, FL, for Plaintiff. Kenneth Eugene White, Steven M. Ziegler PA, Hollywood, FL, for Defendant. ORDER ON PENDING MOTIONS ALTONAGA, District Judge. This cause came before the Court on Plaintiff, Morse, LLC, d/b/a Cyberknife Center of Miami's (hereinafter "Cyberknife['s]") Motion to Remand (D.E. 5); and Defendant, United Wisconsin Insurance Company's (hereinafter

  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 345,981 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