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Sullivan et al v. The Travelers Indemnity Company of Connecticut et al

MOTION to Dismiss for Failure to State a Claim

12 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,156 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 267,040 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' "

  3. In re Katrina Canal

    495 F.3d 191 (5th Cir. 2007)   Cited 4,561 times   6 Legal Analyses
    Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees

  4. Collins v. Morgan Stanley Dean Witter

    224 F.3d 496 (5th Cir. 2000)   Cited 3,507 times
    Holding that a court may consider “[d]ocuments that a defendant attaches to a motion to dismiss ... if they are referred to in the plaintiff's complaint and are central to her claim” (quoting Venture Assocs. Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993) )

  5. Davis v. Fargo

    824 F.3d 333 (3d Cir. 2016)   Cited 825 times
    Holding appellant's claims were barred by claim preclusion because he “was well aware of all of the operative facts prior to” filing his amended complaint

  6. Causey v. Sewell Cadillac-Chevrolet, Inc.

    394 F.3d 285 (5th Cir. 2004)   Cited 890 times
    Holding that "[d]ocuments that a defendant attaches to a motion to dismiss are considered part of the pleadings if they are referred to in the plaintiff's complaint and are central to her claim"

  7. Bosarge v. Miss. Bureau of Narcotics

    796 F.3d 435 (5th Cir. 2015)   Cited 164 times
    Holding that plaintiff's claims of unlawful arrest and detention should be analyzed under the Fourth Amendment, not the Fourteenth Amendment

  8. Howell v. Town of Ball

    827 F.3d 515 (5th Cir. 2016)   Cited 127 times   1 Legal Analyses
    Holding that it was not part of an officer's job duties to help investigate coworkers' fraud

  9. 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 346,341 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

  10. Section 901 - Short title

    33 U.S.C. § 901   Cited 4,126 times   20 Legal Analyses

    This chapter may be cited as "Longshore and Harbor Workers' Compensation Act." 33 U.S.C. § 901 Mar. 4, 1927, ch. 509, §1, 44 Stat. 1424; Pub. L. 98-426, §27(d)(1), Sept. 28, 1984, 98 Stat. 1654. EDITORIAL NOTES AMENDMENTS1984- Pub. L. 98-426 substituted "Longshore" for "Longshoremen's". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98-426, §28(a)-(g), Sept. 28, 1984, 98 Stat. 1655, provided that:"(a) Except as otherwise provided in this section, the amendments

  11. Section 1651 - Compensation authorized

    42 U.S.C. § 1651   Cited 250 times   6 Legal Analyses
    Finding the liability of an employer under the DBA shall be exclusive and in place of all other liability

  12. Section 3 CCR 714-1-O-1

    3 Colo. Code Regs. § 714-1-O-1

    A complaint may be dismissed by the Board prior to the initiation of a disciplinary proceeding when an informal settlement has been reached between the complainant and licensee and approved by an investigator for the Division of Registration, Department of Regulatory Agencies. The Board must approve all such settlements and, upon approval, may dismiss further disciplinary proceedings against the licensee. All such informal settlements shall be in writing, shall include a waiver on the part of complainant