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Mendy Brothers, Llc et al v. Bank of New York Mellon et al

MOTION to Dismiss for Failure to State a Claim

60 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 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 266,697 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' "

  3. In re Katrina Canal

    495 F.3d 191 (5th Cir. 2007)   Cited 4,550 times   6 Legal Analyses
    Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees

  4. Johnson v. Johnson

    385 F.3d 503 (5th Cir. 2004)   Cited 1,632 times   1 Legal Analyses
    Holding that Farmer has made it "abundantly clear" that prison officials cannot leave an inmate to fight off his attackers or submit as a victim of sexual assault

  5. Cuvillier v. Taylor

    503 F.3d 397 (5th Cir. 2007)   Cited 1,384 times
    Holding that "to survive a Rule 12(b) motion to dismiss, a complaint 'does not need detailed factual allegations,' but must provide the plaintiff's grounds for entitlement to relief-including factual allegations that when assumed to be true 'raise a right to relief above the speculative level.'" (quoting Twombly, 550 U.S. at 555)

  6. Lovelace v. Software Spectrum Inc.

    78 F.3d 1015 (5th Cir. 1996)   Cited 1,110 times
    Holding that courts may take judicial notice of public disclosure documents in securities fraud causes, but "only for the purpose of determining what statements the documents contain, not to prove the truth of the documents’ contents"

  7. Favrot v. Favrot

    68 So. 3d 1099 (La. Ct. App. 2011)   Cited 275 times
    Holding there is no "implied obligation of good faith in perforating under [a contract]"

  8. Hebert Abstract Co. v. Touchstone Properties, Ltd.

    914 F.2d 74 (5th Cir. 1990)   Cited 483 times
    Holding that court should consider pleadings and judicially noticed facts

  9. Truong v. Bank of Am., N.A.

    717 F.3d 377 (5th Cir. 2013)   Cited 196 times
    Holding that the plaintiff's state unfair-trade-practice claims were independent of a state foreclosure judgment because the plaintiff "did not seek to overturn the state-court judgment, and the damages she requested were for injuries caused by the [defendants'] actions, not injuries arising from the foreclosure judgment"

  10. Jefferson v. Lead Industries Ass'n, Inc.

    106 F.3d 1245 (5th Cir. 1997)   Cited 280 times   2 Legal Analyses
    Holding that a plaintiff cannot recover from a manufacturer for damage caused by a product on the basis of any theory of liability not set forth in the LPLA

  11. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,286 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  12. Section 2324 - Liability as solidary or joint and divisible obligation

    La. Civ. Code art. 2324   Cited 333 times
    Conspiring with another person to commit an intentional or willful act

  13. Section 2298 - Enrichment without cause; compensation

    La. Civ. Code art. 2298   Cited 218 times
    Codifying Louisiana's doctrine of unjust enrichment

  14. Section 51:1406 - Exemptions

    La. Stat. tit. 51 § 1406   Cited 61 times
    Exempting "any licensee of the Office of Financial Institutions" and "actions or transactions subject to the jurisdiction of ... [Louisiana's] commissioner of financial institutions..." from coverage under LUTPA

  15. Section 1839 - Transfer of immovable property

    La. Civ. Code art. 1839   Cited 46 times

    A transfer of immovable property must be made by authentic act or by act under private signature. Nevertheless, an oral transfer is valid between the parties when the property has been actually delivered and the transferor recognizes the transfer when interrogated on oath. An instrument involving immovable property shall have effect against third persons only from the time it is filed for registry in the parish where the property is located. La. C.C. § 1839 Acts 1984, No. 331, §1, eff. Jan. 1, 1985

  16. Section 1833 - Authentic act

    La. Civ. Code art. 1833   Cited 28 times
    Explaining the requirements of an authentic act, including a writing, two witnesses, and the presence of a notary public

  17. Section 9:2602 - Definitions

    La. Stat. tit. 9 § 2602   Cited 14 times

    As used in this Chapter, unless the context otherwise requires: (1) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. (2) "Automated transaction" means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both

  18. Section 9:2608 - Provision of information in writing; presentation of records

    La. Stat. tit. 9 § 2608   Cited 1 times

    A. (1) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered in an electronic record capable of retention by the recipient at the time of receipt. (2) An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to