§Why CasetextPricing

Q 1010 Lamar Property, L.P. v. YPI 1010 Lamar, LLC et al

MOTION to Dismiss 8 Amended Complaint/Counterclaim/Crossclaim etc. and, MOTION for More Definite Statement

19 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,377 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 266,313 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. U.S. ex Rel. Grubbs v. Kanneganti

    565 F.3d 180 (5th Cir. 2009)   Cited 777 times   11 Legal Analyses
    Holding that defendants received adequate notice in a False Claims Act case where the complaint alleged a scheme to submit false claims and enough details that the defendants—who "will be in possession of the most relevant records, such as patients’ charts, doctors’ notes, and internal billing records"—could adequately investigate and defend the claims

  4. Italian Cowboy Partners v. Prudential Ins. Co.

    341 S.W.3d 323 (Tex. 2011)   Cited 708 times   7 Legal Analyses
    Holding that a standard merger clause does not disclaim reliance on promises that led to the formation of that contract

  5. Williams v. WMX Technologies, Inc.

    112 F.3d 175 (5th Cir. 1997)   Cited 1,031 times
    Holding Rule 9(b) requires a plaintiff plead the "who, what, when, where, and how" of the alleged fraud

  6. United States ex rel. Thompson v. Columbia/HCA Healthcare Corp.

    125 F.3d 899 (5th Cir. 1997)   Cited 676 times   1 Legal Analyses
    Holding that an AKS violation may support a claim under the FCA under a false certification theory

  7. Sullivan v. Leor Energy, LLC

    600 F.3d 542 (5th Cir. 2010)   Cited 367 times
    Holding employment agreement with stated term of two and a half years was subject to the statute of frauds even though employee could be terminated without cause

  8. Aquaplex, Inc. v. Rancho La Valencia, Inc.

    297 S.W.3d 768 (Tex. 2009)   Cited 269 times
    Holding that some evidence supported award of damages, but not at level awarded by trial court, and remanding to court of appeals to determine whether to remand for new trial or suggest remittitur

  9. Grant Thornton v. Prospect High Income Fund

    314 S.W.3d 913 (Tex. 2010)   Cited 245 times   3 Legal Analyses
    Holding that accountant may be liable for negligent misrepresentations in corporate audit report relied on by investors

  10. Little v. Smith

    943 S.W.2d 414 (Tex. 1997)   Cited 111 times   1 Legal Analyses
    Holding that the discovery rule does not apply to inheritance claims by adoptee children

  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 345,529 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,894 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"