§Why CasetextPricing

Taylor v. Huntington National Bank, The

MOTION to dismiss for failure to state a claim

22 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,127 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

  2. Scheid v. Fanny Farmer Candy Shops, Inc.

    859 F.2d 434 (6th Cir. 1988)   Cited 2,450 times
    Holding complaint must plead facts in support of material elements of claim

  3. Morgan v. Church's Fried Chicken

    829 F.2d 10 (6th Cir. 1987)   Cited 2,150 times
    Finding legal conclusions alone are not sufficient to present a valid claim, and the district court is not required to accept unwarranted factual inferences

  4. Lambert v. Hartman

    517 F.3d 433 (6th Cir. 2008)   Cited 916 times   3 Legal Analyses
    Holding that the disclosure of financial information did not implicate the fundamental privacy interest acknowledged in Bloch

  5. Lindsay v. Yates

    498 F.3d 434 (6th Cir. 2007)   Cited 396 times   1 Legal Analyses
    Holding that plaintiffs-purchasers pleaded a § 1981 claim by alleging that sellers advertised their house for sale; plaintiffs signed a purchase agreement and made deposit; and sellers terminated the contract three weeks after signing agreement and one day after agent learned buyers were black

  6. Kloian v. Domino's Pizza

    273 Mich. App. 449 (Mich. Ct. App. 2006)   Cited 372 times   1 Legal Analyses
    Holding that parties consented to modify contract based on an e-mail exchange

  7. Toussaint v. Blue Cross

    408 Mich. 579 (Mich. 1980)   Cited 627 times
    Holding that "[i]t is enough that the employer chooses, presumably in its own interest, to create an environment in which the employee believes that, whatever the personnel policies and practices, they are established and official at any given time, purport to be fair, and are applied consistently and uniformly to each employee. The employer has then created a situation 'instinct with an obligation'"

  8. Barber v. SMH (US), Inc.

    202 Mich. App. 366 (Mich. Ct. App. 1993)   Cited 228 times
    Holding that statements made during preemployment negotiations with representatives of the employer that the plaintiff would be employed "as long as he was profitable and doing the job," did not give rise to a just-cause claim where the plaintiff did not specifically assert that the promise was made in response to his articulated concerns that he be terminated for just cause only

  9. Gold v. Deloitte & Touche LLP

    622 F.3d 613 (6th Cir. 2010)   Cited 129 times
    Referring to Michigan law

  10. Dumas v. Auto Club Ins Ass'n

    437 Mich. 521 (Mich. 1991)   Cited 188 times
    Holding that "the `legitimate expectations' doctrine of Toussaint does not follow traditional contract analysis. Therefore, it does not logically follow that Toussaint should be extended to the area of compensation. Also, since employees' accrued benefits are protected by the presence of traditional contract remedies, there is no need to extend the expectations rationale to compensation"

  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 361,853 times   961 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss