§Why CasetextPricing

Seneca v. JBI Inc. et al

MOTION to Dismiss 1 Complaint

46 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,360 times   279 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 265,336 times   364 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. Shady Grove Orthopedic v. Allstate Ins. Co.

    559 U.S. 393 (2010)   Cited 1,152 times   44 Legal Analyses
    Holding that rules of civil procedure allowing multiple claims to be litigated together "neither change plaintiffs' separate entitlements to relief nor abridge defendants' rights; they alter only how the claims are processed"

  4. La Grasta v. First Union Securities, Inc.

    358 F.3d 840 (11th Cir. 2004)   Cited 1,353 times   1 Legal Analyses
    Holding that dismissal on statute-of-limitations grounds is "appropriate only if it is apparent from the face of the complaint that the claim is time-barred"

  5. Oxford Asset Management, Ltd. v. Jaharis

    297 F.3d 1182 (11th Cir. 2002)   Cited 756 times
    Holding conclusory allegations are insufficient to state a claim

  6. In re Amerco Derivative Lit., 127 Nev. Adv. Op. No. 17, 51629 (2011)

    252 P.3d 681 (Nev. 2011)   Cited 240 times   9 Legal Analyses
    Holding that a plaintiff had sufficiently made out such a claim by alleging that an officer who owned and controlled other entities had caused the defendant corporation to sell property to those other entities at below market prices and had caused those other entities to purchase properties that the defendant corporation would have been interested in without first obtaining disinterested director approval

  7. Butler v. Yusem

    44 So. 3d 102 (Fla. 2010)   Cited 234 times
    Holding that, although justifiable reliance on a misrepresentation is required as an element of the claim of negligent misrepresentation, it is not a necessary element of fraudulent misrepresentation

  8. Mazzoni Farms, Inc. v. E.I. DuPont de Nemours & Co.

    761 So. 2d 306 (Fla. 2000)   Cited 203 times   1 Legal Analyses
    Holding that choice-of-law provision in contract is presumptively valid unless party resisting enforcement can show that "the law of the chosen forum contravenes strong public policy"

  9. Raimi v. Furlong

    702 So. 2d 1273 (Fla. Dist. Ct. App. 1997)   Cited 137 times
    Holding the trial court erred when it found a defendant negligent for hiring, retention, and supervision because the theory was neither pled nor tried by consent

  10. White v. Arco/Polymers, Inc.

    720 F.2d 1391 (5th Cir. 1983)   Cited 162 times
    Holding despite party's admissions no longer being considered conclusive they still operate as evidentiary admissions

  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 344,399 times   920 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,818 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 671.103 - Supplementary general principles of law applicable

    Fla. Stat. § 671.103   Cited 35 times

    Unless displaced by the particular provisions of this code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement its provisions. Fla. Stat. § 671.103 s. 1, ch. 65-254. s. 1-103, U.C.C.; supersedes ss. 678.52, 673.17, 614.20.

  14. Section 8-401 - Duty of issuer to register transfer

    Del. Code tit. 6 § 8-401   Cited 29 times
    Alleging unreasonable delay in correctly registering the transfer from Razor's Edge to Rifkin

  15. Section 607.0831 - Liability of directors

    Fla. Stat. § 607.0831   Cited 14 times   2 Legal Analyses
    Providing insulation for condominium association directors from liability in their individual capacities absent fraud, criminal activity, self-dealing, or unjust enrichment

  16. Section 104.8401 - Duty of issuer to register transfer

    Nev. Rev. Stat. § 104.8401   Cited 9 times

    1. If a certificated security in registered form is presented to an issuer with a request to register transfer or an instruction is presented to an issuer with a request to register transfer of an uncertificated security, the issuer shall register the transfer, pledge or release as requested if: (a) Under the terms of the security, the person seeking registration of transfer is eligible to have the security registered in his or her name; (b) The endorsement or instruction is made by the appropriate

  17. Section 104.1103 - Construction of Uniform Commercial Code to promote underlying purposes and policies; applicability of supplemental principles of law

    Nev. Rev. Stat. § 104.1103   Cited 6 times
    Providing that Nevada's U.C.C. should be liberally construed and applied "[t]o make uniform the law among the various jurisdictions"

  18. Section 678.4011 - Duty of issuer to register transfer

    Fla. Stat. § 678.4011   Cited 2 times

    (1) If a certificated security in registered form is presented to an issuer with a request to register transfer or an instruction is presented to an issuer with a request to register transfer of an uncertificated security, the issuer shall register the transfer as requested if: (a) Under the terms of the security the person seeking registration of transfer is eligible to have the security registered in its name. (b) The indorsement or instruction is made by the appropriate person or by an agent who

  19. Section 678.1011 - Short title

    Fla. Stat. § 678.1011

    Chapter 678 may be cited as "Uniform Commercial Code-Investment Securities." Fla. Stat. § 678.1011 s.1, ch. 98-11.