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Schmitz v. Benefitfocus.Com, Inc., et al

MOTION to Dismiss for Failure to State a Claim

9 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,932 times   365 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' "

  2. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 61,726 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"

  3. Food Lion, Inc. v. Capital Cities/ABC, Inc.

    194 F.3d 505 (4th Cir. 1999)   Cited 134 times   1 Legal Analyses
    Holding that a plaintiff could not "recover defamation-type damages" from the defendant's publication without satisfying the stricter standards of a defamation claim

  4. Pearce v. American Defender Life Ins. Co.

    316 N.C. 461 (N.C. 1986)   Cited 128 times
    Holding that a violation of the former North Carolina § 58-54.4, recodified at § 58-63-15, governing unfair and deceptive insurance practices, constitutes a violation of Chapter 75 as a matter of law

  5. Ellis v. Smith-Broadhurst, Inc.

    48 N.C. App. 180 (N.C. Ct. App. 1980)   Cited 64 times
    Holding that NCUTPA provides a cause of action to plaintiff suing an insurance company where state statutes regulating insurance companies did not provide for civil damage actions

  6. 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 346,241 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  7. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,377 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  8. Section 75-1.1 - Methods of competition, acts and practices regulated; legislative policy

    N.C. Gen. Stat. § 75-1.1   Cited 1,988 times   111 Legal Analyses
    Declaring unlawful "unfair or deceptive acts or practices in or affecting commerce"

  9. Section 58-58-140 - Group life insurance standard provisions

    N.C. Gen. Stat. § 58-58-140

    No policy of group life insurance shall be delivered in this State unless it contains in substance the following provisions, or provisions which in the Commissioner's opinion are more favorable to the persons insured, or at least as favorable to the persons insured and more favorable to the policyholder, provided, however, (i) that subdivisions (6) through (10) of this section do not apply to policies issued to a creditor to insure the creditor's debtors; (ii) that the standard provisions required