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Scanlan et al v. First Horizon National Corporation et al

REPLY to Response re MOTION to Dismiss Plaintiff's Complaint Pursuant to FRCP 12

12 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Purgess v. Sharrock

    33 F.3d 134 (2d Cir. 1994)   Cited 554 times
    Holding "fairness to litigants" is one factor to consider in determining whether supplemental jurisdiction is appropriate

  3. American Title Ins. Co. v. Lacelaw Corp.

    861 F.2d 224 (9th Cir. 1988)   Cited 474 times
    Holding that "statements of fact contained in a brief may be considered admissions of the party in the discretion of the district court"

  4. United States v. McKeon

    738 F.2d 26 (2d Cir. 1984)   Cited 231 times   1 Legal Analyses
    Holding that an opening statement made by an attorney is admissible in a later lawsuit against his client

  5. City Nat. Bank v. U.S.

    907 F.2d 536 (5th Cir. 1990)   Cited 51 times
    Holding that plaintiffs' claims for gross negligence were based on government's breach of a contractual duty and outside the FTCA's waiver of sovereign immunity

  6. United States v. Johnson

    752 F.2d 206 (6th Cir. 1985)   Cited 39 times
    Holding that a witness's ability to be present at trial does not prevent the taking of a deposition under Rule 15 of the Federal Rules of Criminal Procedure

  7. U.S. v. Owens Contracting Services

    884 F. Supp. 1095 (E.D. Mich. 1994)   Cited 3 times
    Concluding that there must be some proof that the visible emissions contained asbestos

  8. Kunglig Jarnvagsstyrelsen v. Dexter Carpenter

    32 F.2d 195 (2d Cir. 1929)   Cited 104 times
    Finding pleading prepared by an attorney to be an admission

  9. In re Wilkes

    55 F.2d 224 (2d Cir. 1932)   Cited 15 times

    No. 262. January 4, 1932. Appeal from the District Court of the United States for the Eastern District of New York. In the matter of Harry Wilkes, bankrupt. Proceedings between the Knight Soda Fountain Company and Thomas Leslie, trustee in bankruptcy, for determination of balance of amount to be paid creditor on sale of soda water fountain and appliances belonging to bankrupt estate on which creditor had chattel mortgage. From an order directing the trustee to pay the creditor, the Knight Soda Fountain

  10. 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 357,835 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 2,968 times   44 Legal Analyses
    Granting enforcement power to state and federal regulators