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Sanchez v. Ermc Property Management Company of Illinois, Llc et al

MOTION to dismiss for failure to state a claim

28 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 261,602 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 274,949 times   368 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 63,855 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  4. Chaparro v. Carnival Corp.

    693 F.3d 1333 (11th Cir. 2012)   Cited 1,218 times   2 Legal Analyses
    Holding the same when the plaintiffs were "trapped in bus during shooting near [the beach]" where their daughter was shot to death

  5. Edwards v. Prime Inc.

    602 F.3d 1276 (11th Cir. 2010)   Cited 1,047 times   4 Legal Analyses
    Holding that legal conclusions about hypothetical facts are dicta

  6. Mamani v. Berzain

    654 F.3d 1148 (11th Cir. 2011)   Cited 587 times
    Holding that shootings based on "individual motivations (personal reasons) not linked to defendants" and those "compatible with accidental or negligent shooting" are not extrajudicial killings

  7. City of Pittsburgh v. West Penn Power Comp

    147 F.3d 256 (3d Cir. 1998)   Cited 909 times
    Holding action that did not lessen competition in a "marketplace" was not antitrust injury

  8. In re Southeast Banking Corp.

    69 F.3d 1539 (11th Cir. 1995)   Cited 184 times
    Holding that a complete disposition with respect to a particular defendant was "without question" a final judgment under Rule 54(b)

  9. Kasischke v. State

    991 So. 2d 803 (Fla. 2008)   Cited 121 times
    Recognizing the doctrine's application "only where no contrary intention appears"

  10. Delgado v. Laundromax, Inc.

    65 So. 3d 1087 (Fla. Dist. Ct. App. 2011)   Cited 101 times
    Affirming summary judgment for defendant because "the mere presence of water on the floor is not enough to establish constructive notice" and the record lacked evidence of the length of time for which the substance was on the floor

  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 355,868 times   945 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 161,044 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. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,163 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

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

    Fla. Stat. § 768.0755   Cited 178 times   7 Legal Analyses
    Requiring either actual or constructive knowledge for liability