§Why CasetextPricing

Meyer v. Colavita USA, LLC et al

RESPONSE in Opposition re Plaintiff's MOTION for Reconsideration re

7 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 269,029 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 281,939 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Cockrell v. Sparks

    510 F.3d 1307 (11th Cir. 2007)   Cited 781 times
    Holding that an amendment is futile "when the complaint as amended would still be properly dismissed"

  4. Hall v. United Ins. Co. of America

    367 F.3d 1255 (11th Cir. 2004)   Cited 612 times
    Holding that "denial of leave to amend is justified by futility when the complaint as amended is still subject to dismissal"

  5. IN RE SIMDAG/ROBEL, LLC

    Case No. 8:09-cv-146-T-23EAJ (M.D. Fla. Apr. 10, 2009)   Cited 2 times

    Case No. 8:09-cv-146-T-23EAJ. April 10, 2009 ORDER STEVEN MERRYDAY, District Judge The plaintiff sues (Doc. 2) Providence Funding, Inc., ("Providence") and Byron Levon Canada ("Canada") for fraud, racketeering, conversion, breach of contract, civil theft, deceptive trade practices, and misleading advertising. The defendants move (Doc. 8) to dismiss the complaint or for a more definite statement, and the plaintiff responds (Doc. 11) in opposition. Standard of Review During resolution of a motion to

  6. Fleet Global Services, Inc. v. Republic Western Ins.

    Case No. 6:04-cv-954-Orl-18JGG (M.D. Fla. Apr. 23, 2007)

    Case No. 6:04-cv-954-Orl-18JGG. April 23, 2007 ORDER GEORGE SHARP, Senior District Judge THIS CAUSE comes before the Court upon Third-Party Defendant Transportation Insurance Specialists, Inc.'s ("TIS") Motion for Reconsideration. (Doc. 154, filed March 28, 2007.) Defendant/Third-Party Plaintiff Republic Western Insurance Company ("Republic Western") responded in opposition. (Doc. 177. filed April 23, 2007.) Third-Party Defendant Aon Risk Services, Inc. of Arkansas ("AON") also filed a Motion for

  7. Section 817.41 - Misleading advertising prohibited

    Fla. Stat. § 817.41   Cited 156 times   1 Legal Analyses
    Mandating fee award for "[a]ny person prevailing" under the statute