§Why CasetextPricing

Ross Brovins Oehmke, et al v. Lexis Nexis Grp

MOTION to Dismiss Or, In The Alternative, for Summary Judgment

18 Cited authorities

  1. Capelin Assoc. v. Globe Mfg. Corp.

    34 N.Y.2d 338 (N.Y. 1974)   Cited 1,468 times
    Holding that "[o]n a motion for summary judgment the court is not to determine credibility, but whether there exists a factual issue, or if arguably there is a genuine issue of fact"

  2. Belle Isle Grill Corporation v. City of Detroit

    256 Mich. App. 463 (Mich. Ct. App. 2003)   Cited 402 times
    Holding that a claim for unjust enrichment requires "the receipt of a benefit by defendant from plaintiff"

  3. Huron Tool v. Precision Consult

    209 Mich. App. 365 (Mich. Ct. App. 1995)   Cited 298 times   1 Legal Analyses
    Holding that the exception allows the plaintiff to "only pursue a claim for fraud in the inducement extraneous to the alleged breach of contract"

  4. Stromback v. New Line Cinema

    384 F.3d 283 (6th Cir. 2004)   Cited 194 times
    Holding that "themes, such as saving the world, the battle between good and evil, sibling rivalry or familial secrets and issues, and racial issues . . . and plots, such as foiling the antagonist's attempt to rule the world" are "beyond any level of abstraction at which copyright protection might begin to attach"

  5. In re Ford Motor Co. Securities Litigation

    381 F.3d 563 (6th Cir. 2004)   Cited 137 times
    Holding that the statement that “Ford is a worldwide leader in automotive safety” is non-actionable puffery

  6. Begola Services v. Wild Bros

    210 Mich. App. 636 (Mich. Ct. App. 1995)   Cited 166 times
    Holding that “[f]raud in the inducement to enter a contract renders the contract voidable at the option of the defrauded party”

  7. Ritchie v. Williams

    395 F.3d 283 (6th Cir. 2005)   Cited 117 times   2 Legal Analyses
    Holding that causes of action which included substantive elements not implicating "ownership or infringement" were not preempted because they were substantively different

  8. Murray Hill Publications, Inc. v. ABC Communications, Inc.

    264 F.3d 622 (6th Cir. 2001)   Cited 114 times
    Holding that the line “J.P. on J.R. in the A.M.” served only a functional purpose, i.e., identifying the radio program, the radio station, and the broadcast time, and was not subject to copyright protection

  9. Watkins & Son Pet Supplies v. Iams Co.

    254 F.3d 607 (6th Cir. 2001)   Cited 69 times   1 Legal Analyses
    Holding no antitrust injury and dismissing for lack of standing under analysis that assumed arguendo that defendant violated the Clayton Act

  10. Ross v. Lexis Nexis

    463 F.3d 478 (6th Cir. 2006)   Cited 50 times
    Holding uncopyrightable forms showing interrelation of information where that interrelation was plain on face of form

  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 344,855 times   920 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,220 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,849 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"