§Why CasetextPricing

Sadler et al v. General Electric Company

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

17 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,860 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 265,830 times   364 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. Citizens v. Bredesen

    500 F.3d 523 (6th Cir. 2007)   Cited 1,343 times
    Affirming district court opinion

  4. SFS Check, LLC v. First Bank

    774 F.3d 351 (6th Cir. 2014)   Cited 146 times   1 Legal Analyses
    Affirming district court's denial of leave to amend complaint and granting motion to dismiss when plaintiff failed to state a claim of fraud with particularity

  5. Newberry v. Silverman

    789 F.3d 636 (6th Cir. 2015)   Cited 139 times
    Holding that dismissal "without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment"

  6. Snyder v. Ag Trucking, Inc.

    57 F.3d 484 (6th Cir. 1995)   Cited 109 times
    Holding harmless an erroneous grant of judgment on willfulness because jury found against plaintiff on the underlying claim

  7. Harris v. Burger King Corp.

    993 F. Supp. 2d 677 (W.D. Ky. 2014)   Cited 32 times
    Holding that employer had a legitimate, nondiscriminatory reason for difference in employees' hours when “this other employee requested the additional hours”

  8. Downs v. Bel Brands U.S., Inc.

    613 F. App'x 515 (6th Cir. 2015)   Cited 12 times
    In Downs v. Bel Brands USA, Inc., 613 Fed.Appx. 515 (6th Cir. 2015), the court addressed whether the plaintiff's KCRA claim based on age discrimination was properly pled.Id. at 518.

  9. Zeltiq Aesthetics, Inc. v. Medshare, Inc.

    CIVIL ACTION NO. 3:14-CV-213-CRS (W.D. Ky. May. 27, 2015)   Cited 6 times

    CIVIL ACTION NO. 3:14-CV-213-CRS 05-27-2015 ZELTIQ AESTHETICS, INC. PLAINTIFF v. MEDSHARE, INC., et al. DEFENDANTS Charles R. Simpson III, Senior Judge United States District Court MEMORANDUM OPINION Zeltiq Aesthetics, Inc. ("Zeltiq") sued Medshare, Inc. ("Medshare") and several of its employees for trademark infringement, false advertising, and unfair competition under the Lanham Act. Medshare responded with five counterclaims. Zeltiq now argues that the counterclaims are meritless and moves to

  10. Gaunce v. CL Med. Inc.

    Civil Action No. 5: 14-346-DCR (E.D. Ky. Mar. 2, 2015)   Cited 3 times

    Civil Action No. 5: 14-346-DCR 03-02-2015 MARY GAUNCE, et al., Plaintiffs, v. CL MEDICAL INC., et al., Defendants. Danny C. Reeves United States District Judge MEMORANDUM OPINION AND ORDER This matter is pending for consideration of Defendant CL Medical, Inc.'s ("CL Medical") motion for partial dismissal of the claims asserted against it. [Record No. 24] CL Medical argues that Counts 4 through 9 of the Complaint should be dismissed for failure to state a claim upon which relief may be granted. Plaintiffs

  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 344,948 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,729 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. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,855 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"