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Majesko v. Nationwide Mutual Insurance Company et al

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

25 Cited authorities

  1. Lewis v. Continental Bank Corp.

    494 U.S. 472 (1990)   Cited 3,306 times   7 Legal Analyses
    Holding mootness destroys subject-matter jurisdiction

  2. Alvarez v. Smith

    558 U.S. 87 (2009)   Cited 393 times   4 Legal Analyses
    Holding that the Constitution permits federal courts to “decide legal questions only in the context of actual cases or controversies”

  3. Lawrence v. Dunbar

    919 F.2d 1525 (11th Cir. 1990)   Cited 1,602 times
    Holding that in those circumstances we treat the challenge as a summary judgment motion and thus “[o]ur review is ... plenary”

  4. Stalley v. Orlando

    524 F.3d 1229 (11th Cir. 2008)   Cited 621 times   2 Legal Analyses
    Holding that the Medicare Secondary Payer Act "differs materially" from a qui tam action partly because it "provides to the government none of the procedural safeguards to manage or direct an action" traditionally afforded

  5. Hoefling v. City of Miami

    811 F.3d 1271 (11th Cir. 2016)   Cited 450 times   1 Legal Analyses
    Holding that a plaintiff sufficiently pled the existence of a policy where, rather than rely on "naked allegations," he alleged facts about city's "cleanup" program

  6. National Advertising Co. v. City of Miami

    402 F.3d 1329 (11th Cir. 2005)   Cited 149 times
    Holding the City of Miami's amendments to its zoning code rendered moot the plaintiff's First Amendment challenge

  7. Fla. Wildlife Fed'n Inc. v. South Fla. Water Mgmt. Dist.

    647 F.3d 1296 (11th Cir. 2011)   Cited 88 times

    Nos. 10–10886 10–11121. 2011-08-2 FLORIDA WILDLIFE FEDERATION, INC., Sierra Club, Inc., Environmental Confederation of Southwest Florida, Inc., St. Johns Riverkeeper, Inc., Conservancy of Southwest Florida, Inc., Plaintiffs–Appellees,FWEA Utility Council, Florida Minerals and Chemistry Council, Inc., State of Florida Department of Agriculture, Intervenors–Plaintiffs–Appellees,Florida Farm Bureau Federation, Intervenor–Plaintiff–Cross–Claimant–Appellee,v.SOUTH FLORIDA WATER MANAGEMENT DISTRICT, Intervenor–Appellant

  8. Bankwest, Inc. v. Baker

    446 F.3d 1358 (11th Cir. 2006)   Cited 40 times
    Holding that the court would be " ‘overstepping [its] judicial authority’ by rendering an ‘impermissible advisory opinion about a non-existing’ set of facts"

  9. Miranda v. Ocwen Loan Servicing, LLC

    148 F. Supp. 3d 1349 (S.D. Fla. 2015)   Cited 23 times
    Holding that Plaintiffs may seek photocopying costs and postage costs incurred as a result of having to send additional correspondence due to Defendant's alleged failure to respond

  10. California v. San Pablo c. Railroad

    149 U.S. 308 (1893)   Cited 242 times   3 Legal Analyses
    Holding that there was no cause of action because the plaintiff had obtained everything that it could recover

  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 345,982 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. Section 33-4-6 - Liability of insurer for damages and attorney's fees; notice to Commissioner and consumers' insurance advocate

    Ga. Code § 33-4-6   Cited 434 times   6 Legal Analyses
    Imposing a penalty for an insurer's bad faith refusal to pay a covered claim within sixty days