§Why CasetextPricing

Reed v. Crst Expedited, Inc.

MOTION to dismiss for failure to state a claim and Supporting Memorandum of Law

15 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

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

    116 F.3d 1364 (11th Cir. 1997)   Cited 1,969 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"

  4. La Grasta v. First Union Securities, Inc.

    358 F.3d 840 (11th Cir. 2004)   Cited 1,389 times   1 Legal Analyses
    Holding that dismissal on statute-of-limitations grounds is "appropriate only if it is apparent from the face of the complaint that the claim is time-barred"

  5. Day v. Taylor

    400 F.3d 1272 (11th Cir. 2005)   Cited 1,020 times
    Holding that the district "court may consider a document attached to a" motion to dismiss without converting the motion into one for summary judgment if the attached document is central to the plaintiffs claim and undisputed"

  6. Griffin v. Irvin

    496 F.3d 1189 (11th Cir. 2007)   Cited 688 times
    Holding that the language in the Equal Protection Clause "may, as it does here, simply operate at too high a level of generality" to make prior case law unnecessary, and that the broad legal principles in "class of one" cases were inapplicable because "the precise facts of a case are critical in evaluating a 'class of one' claim"

  7. Burghy v. Dayton Racquet Club, Inc.

    695 F. Supp. 2d 689 (S.D. Ohio 2010)   Cited 38 times   2 Legal Analyses
    Holding that “an adverse action occurs when the decision is carried out, when it is communicated or actually takes effect”

  8. Just v. Target Corp.

    187 F. Supp. 3d 1064 (D. Minn. 2016)   Cited 7 times   1 Legal Analyses
    Noting that "federal courts of appeals have provided no guidance as to the parameters of the stand-alone disclosure requirement"

  9. Poggi v. Humana, Inc.

    Case No. 8:17-cv-433-T-24 MAP (M.D. Fla. Apr. 7, 2017)

    Case No. 8:17-cv-433-T-24 MAP 04-07-2017 DAVID POGGI, on his own behalf and others similarly situated, Plaintiff, v. HUMANA, INC, Defendant. SUSAN C. BUCKLEW United States District Judge ORDER This cause comes before the Court on Defendant's Motion to Dismiss. (Doc. No. 8). Plaintiff opposes the motion. (Doc. No. 11). As explained below, the motion is granted. I. Standard of Review In deciding a motion to dismiss, the district court is required to view the complaint in the light most favorable to

  10. Taylor v. Conexis

    CASE NO. 8:11-CV-1635-T-17TBM (M.D. Fla. May. 17, 2012)   Cited 1 times

    CASE NO. 8:11-CV-1635-T-17TBM 05-17-2012 JOYCE TAYLOR, et al., Plaintiffs, v. CONEXIS, etc., Defendant. ELIZABETH A. KOVACHEVICH ORDER This cause is before the Court on: Dkt. 11 Motion to Dismiss Dkt. 14 Response This case is a complaint to enforce ERISA rights, pursuant to 29 U.S.C. Sec. 1132. In the Complaint, Plaintiffs allege that Defendant Conexis failed to advise Plaintiffs of their statutory rights under COBRA, and did so in bad faith. Plaintiffs seek entry of a judgment awarding statutory

  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 357,835 times   950 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 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,493 times   196 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  14. Section 1681b - Permissible purposes of consumer reports

    15 U.S.C. § 1681b   Cited 1,798 times   101 Legal Analyses
    Granting permission to obtain credit report where person "intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation"

  15. Section 391.23 - Investigation and inquiries

    49 C.F.R. § 391.23   Cited 29 times   2 Legal Analyses
    Imposing duty on motor carriers to conduct background checks insofar as they relate to a prospective employee's driving history