§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 224,005 times   273 Legal Analyses
    Holding that an allegation in the complaint that conduct was motivated "solely on account of religion, race, and/or national origin" was conclusory and "not entitled to be assumed true"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 239,543 times   362 Legal Analyses
    Holding that allegations of wrongdoing were not plausible because the facts alleged were "consistent with [liability], but just as much in line with a wide swath of" lawful conduct

  3. Cockrell v. Sparks

    510 F.3d 1307 (11th Cir. 2007)   Cited 602 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 509 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 137 times
    Mandating fee award for "[a]ny person prevailing" under the statute