§Why CasetextPricing

Simpson v. Royal Caribbean Cruises Ltd.

RESPONSE to Motion re Defendant's MOTION TO DISMISS 21 Amended Complaint, FOR FAILURE TO STATE A CLAIM

23 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,896 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 279,933 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 59,329 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. Exxon Shipping Co. v. Baker

    554 U.S. 471 (2008)   Cited 1,864 times   19 Legal Analyses
    Holding a Rule 59(e) motion "may not be used to relitigate old matters, or to raise arguments or present evidence that could have been raised prior to the entry of judgment"

  5. Miles v. Apex Marine Corp.

    498 U.S. 19 (1990)   Cited 770 times   21 Legal Analyses
    Holding that when Congress incorporated the Federal Employers’ Liability Act ("FELA") into the Jones Act without alteration, it also incorporated the prior judicial interpretation of FELA in the Act, as that interpretation was "well established," and "Congress is aware of existing law when it passes legislation"

  6. Chaparro v. Carnival Corp.

    693 F.3d 1333 (11th Cir. 2012)   Cited 1,249 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

  7. Atlantic Sounding Co. v. Townsend

    557 U.S. 404 (2009)   Cited 348 times   18 Legal Analyses
    Holding that punitive damages can be awarded if a shipowner's failure to timely pay maintenance and cure was "willful"

  8. Shell v. Mississippi

    498 U.S. 1 (1990)   Cited 206 times   5 Legal Analyses
    Holding unconstitutional a limiting construction of Mississippi's heinousness factor

  9. Franza v. Royal Caribbean Cruises, Ltd.

    772 F.3d 1225 (11th Cir. 2014)   Cited 106 times   1 Legal Analyses
    Holding that the district court erred in dismissing the plaintiff's claim of apparent agency in part because the Court was unwilling to "consider the [defendant's onboard] nurse and doctor to be independent contractors simply because that is what the cruise line calls them."

  10. McBride ex rel. I.M.S. v. Estis Well Serv., L.L.C.

    768 F.3d 382 (5th Cir. 2014)   Cited 71 times   6 Legal Analyses
    Holding seamen not able to recover punitive damages against employer

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,952 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. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,578 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion