Ashcroft v. Iqbal

Holding court need not credit "mere conclusory statements" in complaint

Bell Atl. Corp. v. Twombly

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

Benchmark Electronics v. J.M. Huber Corp.

Holding that the district court plainly erred in treating the defendant's motion for judgment on the pleadings as a motion for summary judgment without allowing discovery, noting that the plaintiff was “deprived of a full and fair opportunity to defend against summary judgment”

Cavallini v. State Farm Mut. Auto Ins. Co.

Holding that ANPAC "offers no support" for the plaintiffs' assertion that "their amended complaint would have clarified any jurisdictional ambiguity in their state court complaint"

Natividad v. Alexsis Inc.

Holding insurance adjuster owed the insured no duty of good faith and fair dealing because he was not party to a contract with the insured

Frith v. Guardian Life Ins. Co. of America

Holding that "[c]laims . . . asserting fraud, fraudulent inducement, fraudulent concealment . . . are subject to the requirements of Rule 9(b)"

Benchmark Electronics, Inc v. J.M. Huber Corp.

Finding that choice-of-law provision containing language, "Agreement shall be governed by, and construed in accordance with, the internal laws of the State of New York . . . ." governed contract claims, but was too narrow to govern fraud and negligent misrepresentation claims

Messersmith v. Nationwide Mut. Fire Ins. Co.

Holding that insurance adjuster was improperly joined because TEX. INS. CODE § 541.060 applies only to insurers

Larroquette v. Cardinal Health 200, Inc.

Finding that in determining improper joinder, the court will "ordinarily conduct a Rule 12(b) — type analysis," and in "a few cases . . . the district court may, in its discretion, pierce the pleadings and conduct a summary inquiry"

Mainali Corp. v. Covington Specialty Ins. Co.

Finding that an adjuster could not be held liable under sections 541.060,, and

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Rule 9 - Pleading Special Matters

Requiring that fraud be pleaded with particularity

Section 541.060 - Unfair Settlement Practices

Failing to pay a reasonably clear claim

Section 17.565 - Limitation

Establishing DTPA’s two-year limitations period

Section 542.060 - Liability for Violation of Subchapter

Providing that interest awarded under the Prompt Payment Act "accrues beginning on the date the claim was required to be paid"

Section 17.49 - Exemptions

Permitting a consumer to maintain a cause of action for damages against a defendant who provides "professional services," where the cause of action arises from, among other things, an express material misrepresentation or unconscionable act which cannot be characterized as "advice, judgment, or opinion"

Section 541.162 - Limitations Period

Establishing Texas Insurance Code’s two-year limitations period

Section 542.052 - Applicability of Subchapter