42 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,028 times 280 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
In re Katrina Canal
495 F.3d 191 (5th Cir. 2007) Cited 4,599 times 6 Legal Analyses
Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees
KPMG Peat Marwick v. Harrison County Hous. Fin. Corp.
988 S.W.2d 746 (Tex. 1999) Cited 1,139 times
Holding that "accrual occurs when the plaintiff knew or should have known of the wrongfully caused injury," not when the plaintiff knows "the specific nature of each wrongful act that may have caused the injury"
In re Kellogg Brown Root, Inc.
166 S.W.3d 732 (Tex. 2005) Cited 894 times 1 Legal Analyses
Holding that the plaintiff could seek alternative relief under contractual and quasi-contractual theories where the plaintiff was a non-signatory to the subcontract at issue
Fernandez-Montes v. Allied Pilots Ass'n
987 F.2d 278 (5th Cir. 1993) Cited 1,365 times 1 Legal Analyses
Holding that "conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss."
Blackburn v. Marshall City of
42 F.3d 925 (5th Cir. 1995) Cited 1,010 times
Determining that relationship between owner of towing service and city did not sufficiently resemble a quasi-public employment relationship so as to render public concern requirement applicable
Bradford v. Vento
48 S.W.3d 749 (Tex. 2001) Cited 740 times 3 Legal Analyses
Holding that, "[a]s a general rule, a failure to disclose information does not constitute fraud unless there is a duty to disclose the information" and noting "we have never adopted section 551" of the Restatement (Second) of Torts, which recognizes a duty of disclosure in non-fiduciary interactions where, for example, disclosure is necessary to correct a misleading partial statement
MBM Financial Corp. v. Woodlands Operating Co.
292 S.W.3d 660 (Tex. 2009) Cited 516 times 1 Legal Analyses
Holding that $1,000 is not nominal as a matter of law
U-Haul Int'l v. Waldrip
55 Tex. Sup. Ct. J. 1345 (Tex. 2012) Cited 359 times
Holding actual knowledge cannot be imputed to a corporation absent actual proof by management
Coinmach Corp. v. Aspenwood Apartment Corp.
56 Tex. Sup. Ct. J. 77 (Tex. 2014) Cited 335 times 1 Legal Analyses
Holding that a party does not seek or acquire services when “when it merely arranges for a service to be provided to its customers, even if the party indirectly benefits from the provision of that service”
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 348,310 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,506 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 16.003 - Two-Year Limitations Period
Tex. Civ. Prac. & Rem. Code § 16.003 Cited 2,096 times 7 Legal Analyses
Providing a two-year limitations period for personal injury actions
Section 41.001 - Definitions
Tex. Civ. Prac. & Rem. Code § 41.001 Cited 609 times 6 Legal Analyses
Defining the standard for gross negligence
Section 361.003 - Definitions
Tex. Health & Safety Code § 361.003 Cited 48 times
Incorporating the waste-classification scheme of the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. § 6901 et seq.
Section 361.344 - Cost Recovery By Liable Party or Third Party
Tex. Health & Safety Code § 361.344 Cited 28 times
Limiting remedy to "a person subject to a court injunction or an administrative order"

Kimodale Inc v. Chevron USA Inc et al

42 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees

Holding that "accrual occurs when the plaintiff knew or should have known of the wrongfully caused injury," not when the plaintiff knows "the specific nature of each wrongful act that may have caused the injury"

Holding that the plaintiff could seek alternative relief under contractual and quasi-contractual theories where the plaintiff was a non-signatory to the subcontract at issue

Holding that "conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss."

Determining that relationship between owner of towing service and city did not sufficiently resemble a quasi-public employment relationship so as to render public concern requirement applicable

Holding that $1,000 is not nominal as a matter of law

Holding actual knowledge cannot be imputed to a corporation absent actual proof by management

Holding that a party does not seek or acquire services when “when it merely arranges for a service to be provided to its customers, even if the party indirectly benefits from the provision of that service”

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Providing a two-year limitations period for personal injury actions

Defining the standard for gross negligence

Incorporating the waste-classification scheme of the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. § 6901 et seq.

Limiting remedy to "a person subject to a court injunction or an administrative order"