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Mirabilis Ventures, Inc. et al v. Palaxar Group, LLC et al

MOTION to dismiss Third Party Complaint and Supporting Memorandum of Law

11 Cited authorities

  1. Jackson v. Bellsouth Telecomms.

    372 F.3d 1250 (11th Cir. 2004)   Cited 1,776 times   1 Legal Analyses
    Holding that the same analysis applies to federal and Florida RICO claims

  2. Brooks v. Blue Cross & Blue Shield of Florida, Inc.

    116 F.3d 1364 (11th Cir. 1997)   Cited 1,906 times
    Holding that employees "who have not suffered an injury in that they have been covered by Medicare for the medical care they have received retain a sufficient interest in this action for purposes of the Constitutional 'case or controversy' requirement"

  3. Roe v. Aware Woman Center for Choice, Inc.

    253 F.3d 678 (11th Cir. 2001)   Cited 923 times
    Holding complaint must "contain inferential allegations from which [the court] can identify each of the material elements necessary to sustain a recovery"

  4. Oxford Asset Management, Ltd. v. Jaharis

    297 F.3d 1182 (11th Cir. 2002)   Cited 758 times
    Holding conclusory allegations are insufficient to state a claim

  5. Quality Foods v. Latin Am. Agribusiness Devel

    711 F.2d 989 (11th Cir. 1983)   Cited 857 times   1 Legal Analyses
    Holding that liberalized consideration of complaint espoused in Conley "is particularly true in an antitrust suit where the proof and details of the alleged conspiracy are largely in the hands of the alleged co-conspirators."

  6. South Florida Water Mgmt. Dist. v. Montalvo

    84 F.3d 402 (11th Cir. 1996)   Cited 322 times
    In Montalvo, aerial spraying services ("sprayers") hired to spray landowners' crop and pasture land with pesticides were found jointly and severally liable for the cleanup of their airstrip and storage site and sought contribution from the landowners.

  7. In re Plywood Antitrust Litigation

    655 F.2d 627 (5th Cir. 1981)   Cited 335 times
    Concluding that defendants’ parallel pricing conduct plus numerous items of direct evidence of communication between high-level personnel on pricing policy adequately support the jury's verdict for plaintiffs on Sherman Act § 1 claim

  8. Tindall v. Gibbons

    No. 8:01CV148T30TGW (M.D. Fla. Aug. 14, 2001)   Cited 14 times
    Stating elements of fraudulent inducement

  9. Robinson v. Jewish Center Towers, Inc.

    993 F. Supp. 1475 (M.D. Fla. 1998)   Cited 17 times

    No. 97-2194-CIV-T-17(A). February 27, 1998. Brian L. Weakland, Law Office of Brian L. Weakland, Tampa, FL, for Marilyn Robinson, Plaintiff. Gail Golman Holtzman, Mark E. Levitt, Allen, Norton Blue, P.A., Tampa, FL, for Jewish Center Towers, Inc., Defendant. ORDER ON DEFENDANT'S MOTION TO DISMISS KOVACHEVICH, District Judge. THIS CAUSE is before the Court on Defendant Jewish Center Towers' Motion to Dismiss the Plaintiff Marilyn Robinson's action for violations of the False Claims Act, under 31 U

  10. Federal Deposit Ins. Corp. v. Fireman's Fund Ins.

    271 F. Supp. 689 (S.D. Fla. 1967)   Cited 4 times

    Civ. No. 67-429. August 21, 1967. Blackwell, Walker Gray, Miami, Fla., for plaintiff. Fowler, White, Collins, Gillen, Humkey Trenam, Tampa, Fla., for defendant and third-party plaintiff. Harrison Kornbluh, Miami, Fla., for third-party defendant Harrison. Hoffman St. Jean, Miami Beach, Fla., for third-party defendant Crandall. Harold Ungerleider, Miami, Fla., for third-party defendant Marmorstein. OPINION EATON, District Judge. Motion to Strike Defense relating to Fraud The Plaintiff Federal Deposit

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,931 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"