§Why CasetextPricing

Savannah Oaks Condominium Association, Inc. v. Waste Management, Inc.

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

46 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 279,746 times   369 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. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,319 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  4. Klaxon Co. v. Stentor Co.

    313 U.S. 487 (1941)   Cited 10,640 times   6 Legal Analyses
    Holding that Erie doctrine applies to conflict-of-law rules

  5. Brooks v. Blue Cross & Blue Shield of Florida, Inc.

    116 F.3d 1364 (11th Cir. 1997)   Cited 1,981 times
    Holding that employees "who have not suffered an injury in that they have been covered by Medicare for the medical care they have received retain a sufficient interest in this action for purposes of the Constitutional 'case or controversy' requirement"

  6. Venture Associates v. Zenith Data Systems

    987 F.2d 429 (7th Cir. 1993)   Cited 1,833 times   2 Legal Analyses
    Holding "minor, non-substantive changes" in response to offer prevented contract formation under Illinois law

  7. Roofing & Sheet Metal Servs., Inc. v. La Quinta Motor Inns, Inc.

    689 F.2d 982 (11th Cir. 1982)   Cited 269 times   1 Legal Analyses
    Holding that mandamus may issue to correct a district court's abuse of discretion in denying transfer under section 1404

  8. Quiller v. Barclays American/Credit, Inc.

    727 F.2d 1067 (11th Cir. 1984)   Cited 241 times
    Holding that trial court properly examined a contract attached to a complaint in ruling on a Rule 12(b) motion to dismiss

  9. Atlanta Gas Light Co. v. Aetna Cas. Sur. Co.

    68 F.3d 409 (11th Cir. 1995)   Cited 157 times
    Holding that there was no ripe case or controversy where an insured filed suit in an "anticipatory maneuver" before its insurers received notice of the potential liability for cleanup costs

  10. American Casual Dining, L.P. v. Moe's Southwest Grill, L.L.C.

    426 F. Supp. 2d 1356 (N.D. Ga. 2006)   Cited 105 times   2 Legal Analyses
    Holding common law breach of the implied covenant claims must be tied to breach of specific contractual provision

  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 361,353 times   960 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 163,831 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. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 25,124 times   63 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  14. Section 13-1-13 - Recovery of voluntary payments

    Ga. Code § 13-1-13   Cited 102 times
    Codifying a more generally applicable voluntary payment doctrine