31 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,484 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 267,331 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' "
Williams v. Mohawk Industries, Inc.
465 F.3d 1277 (11th Cir. 2006) Cited 276 times 1 Legal Analyses
Holding that plaintiffs, employees of a carpet and rug manufacturer, had standing to bring RICO claim based on allegations that the manufacturer conspired to hire undocumented workers to keep wages low
Duke v. Cleland
5 F.3d 1399 (11th Cir. 1993) Cited 370 times
In Duke v. Cleland, 5 F.3d 1399 (11th Cir. 1993) (" Duke II"), this Court examined a similar presidential primary ballot access statute in Georgia.
First Data POS, Inc. v. Willis
273 Ga. 792 (Ga. 2001) Cited 90 times
Holding that in a non-rescission case a contractual disclaimer may bar a fraud claim based on a pre-contract promise that directly contradicts the terms of the written contract
Valfer v. Evanston Nw. Healthcare
2016 IL 119220 (Ill. 2016) Cited 53 times
Holding that "because ‘wilful and wanton’ is a tort concept that applies only to reckless or intentionally tortious conduct that causes physical harm to a person or property, it has no application to a nontort claim such as a routine breach of contract action"
Martin v. the Servicemaster Co.
252 Ga. App. 751 (Ga. Ct. App. 2001) Cited 56 times
Holding that the plaintiff's allegations "do not authorize a remedy over and above that to which [the plaintiff] is entitled as a result of the breach of contract" because the duty breached by the defendant "was imposed solely by the written employment contract, and not by any recognized independent duty under tort or other provision of law."
Maddox v. Southern Engineering
231 Ga. App. 802 (Ga. Ct. App. 1998) Cited 58 times
Finding no causation because the defendant's misrepresentations were made to a state agency, not the plaintiff
Vernon v. Assurance Forensic Accounting, Llc.
333 Ga. App. 377 (Ga. Ct. App. 2015) Cited 27 times
Applying Williston to authorize a claim for breach of contract
D'Ambrosio v. Engel
292 A.D.2d 564 (N.Y. App. Div. 2002) Cited 38 times
Dismissing conversion claim because plaintiff's relief was more appropriately found in breach of contract action
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 346,675 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
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,772 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,974 times 317 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 16-8-2 - Theft by taking
Ga. Code § 16-8-2 Cited 474 times 3 Legal Analyses
Defining theft by taking
Section 33-4-6 - Liability of insurer for damages and attorney's fees; notice to Commissioner and consumers' insurance advocate
Ga. Code § 33-4-6 Cited 434 times 6 Legal Analyses
Imposing a penalty for an insurer's bad faith refusal to pay a covered claim within sixty days
Section 16-14-4 - Prohibited activities
Ga. Code § 16-14-4 Cited 249 times 1 Legal Analyses
Mirroring Federal RICO's "prohibited activities" section, 18 U.S.C. § 1962(b)(d)
Section 9-2-20 - Parties to actions on contracts; action by beneficiary
Ga. Code § 9-2-20 Cited 222 times
Stating that as a "general rule," a contract action "shall be brought in the name of the party in whom the legal interest in the contract is vested," or by "[t]he beneficiary of a contract . . . against the promisor on the contract"
Section 33-1-9 - Insurance fraud; venue; penalty; exemption
Ga. Code § 33-1-9 Cited 19 times
Providing criminal penalties for insurance fraud

Stiegel v. USAA Casualty Insurance Company

31 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that plaintiffs, employees of a carpet and rug manufacturer, had standing to bring RICO claim based on allegations that the manufacturer conspired to hire undocumented workers to keep wages low

In Duke v. Cleland, 5 F.3d 1399 (11th Cir. 1993) (" Duke II"), this Court examined a similar presidential primary ballot access statute in Georgia.

Holding that in a non-rescission case a contractual disclaimer may bar a fraud claim based on a pre-contract promise that directly contradicts the terms of the written contract

Holding that "because ‘wilful and wanton’ is a tort concept that applies only to reckless or intentionally tortious conduct that causes physical harm to a person or property, it has no application to a nontort claim such as a routine breach of contract action"

Finding no causation because the defendant's misrepresentations were made to a state agency, not the plaintiff

Applying Williston to authorize a claim for breach of contract

Dismissing conversion claim because plaintiff's relief was more appropriately found in breach of contract action

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

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Defining theft by taking

Imposing a penalty for an insurer's bad faith refusal to pay a covered claim within sixty days

Mirroring Federal RICO's "prohibited activities" section, 18 U.S.C. § 1962(b)(d)

Stating that as a "general rule," a contract action "shall be brought in the name of the party in whom the legal interest in the contract is vested," or by "[t]he beneficiary of a contract . . . against the promisor on the contract"

Providing criminal penalties for insurance fraud