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Spring Street Apts Waco, Llc v. Philadelphia Indemnity Insurance Company

Motion to Dismiss for Failure to State a Claim

25 Cited authorities

  1. Taylor v. Books a Million, Inc.

    296 F.3d 376 (5th Cir. 2002)   Cited 1,879 times   1 Legal Analyses
    Holding plaintiffs in Title VII cases "must exhaust administrative remedies before pursuing claims in federal court"

  2. Funk v. Stryker Corp.

    631 F.3d 777 (5th Cir. 2011)   Cited 884 times   1 Legal Analyses
    Holding court lacked jurisdiction to consider district court's denial of plaintiff's postjudgment motions because he did not file an amended, or separate, notice of appeal

  3. Rosenzweig v. Azurix Corp.

    332 F.3d 854 (5th Cir. 2003)   Cited 1,020 times   3 Legal Analyses
    Holding that district court did not abuse discretion in denying motion to amend complaint where "plaintiffs did not attach a proposed amended complaint," leaving district court to "speculate" about how additional facts might amount to a legal claim

  4. Lovelace v. Software Spectrum Inc.

    78 F.3d 1015 (5th Cir. 1996)   Cited 1,131 times
    Holding that courts may take judicial notice of public disclosure documents in securities fraud causes, but "only for the purpose of determining what statements the documents contain, not to prove the truth of the documents’ contents"

  5. Flaherty & Crumrine Preferred Income Fund, Inc. v. TXU Corp.

    565 F.3d 200 (5th Cir. 2009)   Cited 309 times   9 Legal Analyses
    Holding that alleged motive to increase the value of personal stock holdings by withholding information to induce investor participation in a tender offer was insufficient

  6. Yumilicious Franchise, L.L.C. v. Barrie

    819 F.3d 170 (5th Cir. 2016)   Cited 216 times
    Holding that the district court did not abuse its discretion when the movant "did not include its proposed amendment" or "make an argument as to why leave to amend was appropriate"

  7. Nathenson v. Zonagen Inc.

    267 F.3d 400 (5th Cir. 2001)   Cited 323 times
    Holding that "the necessary strong inference of scienter" was pleaded as to the president, chief executive officer, and director defendant, in part, because of his heavy involvement in the day-to-day operations of a small company

  8. Truitt v. Unum Life Ins. Co.

    729 F.3d 497 (5th Cir. 2013)   Cited 69 times   3 Legal Analyses
    Holding that record contained "concrete evidence" supporting denial of plaintiff's ERISA disability claim, including e-mails showing "that [plaintiff's] travel schedule was rigorous" and surveillance video showing plaintiff "walking, driving, and bending down, and lifting and carrying boxes, bags, coolers, pumpkins, and a dog"

  9. In re Enron Corporation Securities

    761 F. Supp. 2d 504 (S.D. Tex. 2011)   Cited 64 times
    Holding that a complaint cannot be amended by briefs in opposition to a motion to dismiss

  10. Whiddon v. Chase Home Finance, LLC

    666 F. Supp. 2d 681 (E.D. Tex. 2009)   Cited 34 times
    Granting leave to amend because “it does not appear that [plaintiff's] ... claims are patently frivolous or that an amendment could not cure their defects”

  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 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

  12. 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. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,880 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity