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Old Republic National Title Insurance Company v. Kensington Vanguard National Land Services of Tx, Llc et al

Brief/Memorandum in Support

23 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 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 266,542 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. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,501 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  4. 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

  5. Thompson v. City of Waco

    764 F.3d 500 (5th Cir. 2014)   Cited 652 times   5 Legal Analyses
    Holding that adverse employment actions only include "ultimate employment decisions such as hiring, firing, demoting, promoting, granting leave, and compensating"

  6. Fernandez-Montes v. Allied Pilots Ass'n

    987 F.2d 278 (5th Cir. 1993)   Cited 1,357 times   1 Legal Analyses
    Holding that "conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss."

  7. Exxon Corp. v. Emerald Oil Gas Co., L.C

    348 S.W.3d 194 (Tex. 2011)   Cited 570 times
    Holding cause of action accrued "by August 1991"

  8. Ernst Young v. Pacific Mutual Life Insurance

    51 S.W.3d 573 (Tex. 2001)   Cited 678 times   4 Legal Analyses
    Holding that summary judgment on the underlying tort claim disposed of plaintiffs civil conspiracy and aiding and abetting claims

  9. Campbell v. City of San Antonio

    43 F.3d 973 (5th Cir. 1995)   Cited 766 times
    Holding "that the negligent act of a state official which results in unintended harm to life, liberty, or property, does not implicate the Due Process Clause"

  10. Beanal v. Freeport-McMoran, Inc.

    197 F.3d 161 (5th Cir. 1999)   Cited 272 times   1 Legal Analyses
    Holding that complaint failed to allege facts sufficient to show that torture occurred

  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 345,805 times   922 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 156,162 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1030 - Fraud and related activity in connection with computers

    18 U.S.C. § 1030   Cited 3,226 times   408 Legal Analyses
    Holding cellular phones are protected

  14. Section 33.02 - Breach of Computer Security

    Tex. Pen. Code § 33.02   Cited 57 times   1 Legal Analyses
    Stating that a person commits an offense if—with the intent to defraud or harm another or to alter, damage, or delete property—he knowingly accesses a computer, computer network, or computer system without the owner's effective consent

  15. Section 143.001 - Cause of Action

    Tex. Civ. Prac. & Rem. Code § 143.001   Cited 44 times
    Providing civil remedies for various computer crimes found in Chapter 33 of the Texas Penal Code