§Why CasetextPricing

Sanchez v. Ermc of America, Llc et al

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

21 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. 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

  5. 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

  6. Pembroke Lakes Mall Ltd. v. McGruder

    137 So. 3d 418 (Fla. Dist. Ct. App. 2014)   Cited 46 times   1 Legal Analyses
    Holding section 768.0755 did not have retroactive application

  7. St. Joseph's Hosp. v. Cowart

    891 So. 2d 1039 (Fla. Dist. Ct. App. 2004)   Cited 30 times   1 Legal Analyses
    Holding that a landowner is not an insurer of a business invitee's safety

  8. Hesterly v. Royal Caribbean Cruises Ltd.

    515 F. Supp. 2d 1278 (S.D. Fla. 2007)   Cited 22 times
    Rejecting characterization of cruise line as medical care provider

  9. Woodman v. Bravo Brio Rest. Grp., Inc.

    Case No: 6:14-cv-2025-Orl-40TBS (M.D. Fla. Apr. 21, 2015)   Cited 8 times
    Interpreting § 768.0755 to effectuate the legislature's intent and finding that proof of actual or constructive knowledge is an element of a slip and fall case, replacing proof by negligent mode of operation

  10. Sikes v. Seaboard Coast Line R. Co.

    429 So. 2d 1216 (Fla. Dist. Ct. App. 1983)   Cited 43 times
    Holding that the state-issued Florida Handbook for Drivers was inadmissible hearsay

  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 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

  14. 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