§Why CasetextPricing

Sanchez v. Ermc of America, Llc et al

MOTION to Dismiss Amended Complaint , MOTION to dismiss for failure to state a claim and Incorporated Memorandum of Law

32 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,413 times   280 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 269,161 times   367 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. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,471 times   18 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues

  4. Triggs v. John Crump Toyota, Inc.

    154 F.3d 1284 (11th Cir. 1998)   Cited 947 times   1 Legal Analyses
    Holding that "an action may nevertheless be removable if the joinder of the non-diverse party . . . were fraudulent"

  5. City of Pittsburgh v. West Penn Power Comp

    147 F.3d 256 (3d Cir. 1998)   Cited 907 times
    Holding action that did not lessen competition in a "marketplace" was not antitrust injury

  6. Crowe v. Coleman

    113 F.3d 1536 (11th Cir. 1997)   Cited 668 times
    Holding that "federal courts are not to weigh the merits of a plaintiff's claim beyond determining whether it an arguable one under state law"

  7. Henderson v. Washington Nat. Ins. Co.

    454 F.3d 1278 (11th Cir. 2006)   Cited 370 times
    Holding that the fraudulent joinder doctrine does not turn on "the sufficiency of the pleadings" but rather on "whether . . . there is no possibility [the plaintiff] has asserted a colorable claim"

  8. Stillwell v. Allstate Insurance Company

    663 F.3d 1329 (11th Cir. 2011)   Cited 273 times
    Holding that district court erred by concluding that non-diverse defendant was fraudulently joined in case where plaintiff asserted bad faith claim against diverse insurer and separate breach of fiduciary duty claim against non-diverse agent that procured insurance

  9. Gayou v. Celebrity Cruises, Inc.

    Case No. 11-23359-Civ-SCOLA (S.D. Fla. Jun. 5, 2012)   Cited 66 times
    Finding that, allegations regarding the manner in which the excursions were marketed, sold, charged and paid for through the cruise line were sufficient to withstand a motion to dismiss plaintiff's apparent agency claim

  10. White v. Wal-Mart Stores, Inc.

    918 So. 2d 357 (Fla. Dist. Ct. App. 2006)   Cited 68 times

    No. 1D05-982. December 14, 2005. Rehearing Denied January 19, 2006. Appeal from the Circuit Court, Duval County, Jack M. Schemer, J. Tyrie A. Boyer of Boyer, Tanzler Sussman, P.A., Jacksonville, for Appellants. John C. Taylor, Jr., and Rhonda B. Boggess of Taylor, Day Currie, Jacksonville, for Appellees. WEBSTER, J. Appellants seek review of a final order dismissing with prejudice their claims against appellee Mike Gregg, the manager of a Wal-Mart Store. Because we conclude that the third amended

  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 348,708 times   930 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 157,731 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,350 times   151 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

  14. Section 768.0755 - Premises liability for transitory foreign substances in a business establishment

    Fla. Stat. § 768.0755   Cited 175 times   7 Legal Analyses
    Requiring either actual or constructive knowledge for liability

  15. Rule 1.110 - GENERAL RULES OF PLEADING

    Fla. R. Civ. P. 1.110   Cited 537 times

    (a) Forms of Pleadings. Forms of action and technical forms for seeking relief and of pleas, pleadings, or motions are abolished. (b) Claims for Relief. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, crossclaim, or third-party claim, must state a cause of action and shall contain (1) a short and plain statement of the grounds upon which the court's jurisdiction depends, unless the court already has jurisdiction and the claim needs no new grounds of jurisdiction