§Why CasetextPricing

Momentive Specialty Chemicals, Inc. et al v. Chartis Specialty Insurance Company et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the Alternative, MOTION to Sever , MOTION to Stay re Complaint

31 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 times   280 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 268,629 times   367 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. Morgan v. Church's Fried Chicken

    829 F.2d 10 (6th Cir. 1987)   Cited 2,127 times
    Finding legal conclusions alone are not sufficient to present a valid claim, and the district court is not required to accept unwarranted factual inferences

  4. Public Affairs Press v. Rickover

    369 U.S. 111 (1962)   Cited 533 times
    Holding that courts should not decide important constitutional questions on less than an "`adequate and full-bodied record'"

  5. Wilson v. Morgan

    477 F.3d 326 (6th Cir. 2007)   Cited 261 times
    Holding that denial of motion for mistrial was not an abuse of discretion where court promptly gave curative instruction to disregard improper opening statement and twice instructed jurors that they were to consider only the issues before them

  6. In re Bendectin Litigation

    857 F.2d 290 (6th Cir. 1988)   Cited 420 times
    Holding that trial court “carefully made the necessary inquiry” into Rule 42(b) when making trifurcation decision in diversity case

  7. Doner v. Snapp

    98 Ohio App. 3d 597 (Ohio Ct. App. 1994)   Cited 336 times
    Affirming summary judgment on breach of contract claim where Plaintiff failed to show damages

  8. Corporex Dev. Constr. v. Shook

    2005 Ohio 5409 (Ohio 2005)   Cited 215 times
    Finding that "the economic-loss rule generally prevents recovery in tort of damages for purely economic loss"

  9. Chemtrol Adhesives, Inc. v. Ins. Co.

    42 Ohio St. 3d 40 (Ohio 1989)   Cited 307 times
    Holding that commercial buyer seeking to recover economic loss from seller can maintain contract action for breach of warranty under U.C.C., but not a strict liability or negligence action

  10. Pavlovich v. National City Bank

    435 F.3d 560 (6th Cir. 2006)   Cited 167 times
    Holding that defendant bank "was bound to no fiduciary duty outside the terms of the relevant agreements"

  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 348,148 times   929 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,408 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 42 - Consolidation; Separate Trials

    Fed. R. Civ. P. 42   Cited 9,295 times   24 Legal Analyses
    Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

  14. Rule 57 - Declaratory Judgment

    Fed. R. Civ. P. 57   Cited 1,570 times   4 Legal Analyses
    Preserving right to trial by jury in declaratory judgment action under circumstances and in manner provided in Rules 38 and 39