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Technocable Wiring Specialist, Inc. v. Genesis Networks Telecom Services, Llc

MOTION to dismiss for failure to state a claim and to dismiss for improper venue

38 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,791 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

  3. Brooks v. Blue Cross & Blue Shield of Florida, Inc.

    116 F.3d 1364 (11th Cir. 1997)   Cited 1,989 times
    Holding that employees "who have not suffered an injury in that they have been covered by Medicare for the medical care they have received retain a sufficient interest in this action for purposes of the Constitutional 'case or controversy' requirement"

  4. Vega v. T-Mobile USA, Inc.

    564 F.3d 1256 (11th Cir. 2009)   Cited 845 times   24 Legal Analyses
    Holding that to prove the existence of a contract, a plaintiff must plead, among other things, "sufficient specification of the essential terms."

  5. Jackson v. Okaloosa County

    21 F.3d 1531 (11th Cir. 1994)   Cited 651 times   2 Legal Analyses
    Holding plaintiffs’ allegations that public housing was concentrated in Black neighborhoods stated a claim of intentional discrimination

  6. Tiara Condo. Ass'n, Inc. v. Marsh

    110 So. 3d 399 (Fla. 2013)   Cited 268 times   9 Legal Analyses
    Holding "that the application of the economic loss rule is limited to products liability cases"

  7. Jenkins Brick Co. v. Bremer

    321 F.3d 1366 (11th Cir. 2003)   Cited 249 times
    Holding that the venue statute "contemplates some cases in which venue will be proper in two or more districts."

  8. Friedman v. N.Y

    985 So. 2d 56 (Fla. Dist. Ct. App. 2008)   Cited 157 times   1 Legal Analyses
    Requiring plaintiff to establish damages on a breach of contract claim

  9. Aung Lin Wai v. Rainbow Holdings

    315 F. Supp. 2d 1261 (S.D. Fla. 2004)   Cited 119 times
    Finding language the parties "submit [to] the jurisdiction of the Courts of Singapore" permissive (alteration in original; bold omitted)

  10. Insurance Concepts & Design, Inc. v. Healthplan Services, Inc.

    785 So. 2d 1232 (Fla. Dist. Ct. App. 2001)   Cited 103 times
    Stating that in CSX no breach of the express terms was found but there was an express term that was allegedly not performed in good faith

  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 362,607 times   962 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 164,455 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. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 29,370 times   192 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  14. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 29,289 times   200 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  15. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,661 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  16. Section 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,981 times   55 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought

  17. Section 620.8801 - Events causing dissolution and winding up of partnership business

    Fla. Stat. § 620.8801   Cited 6 times

    A partnership is dissolved, and its business must be wound up, only upon the occurrence of any of the following events: (1) In a partnership at will, the partnership's having notice from a partner, other than a partner who is dissociated under s. 620.8601(2)-(10), of such partner's express will to withdraw as a partner, or withdraw on a later date specified by the partner; (2) In a partnership for a definite term or particular undertaking: (a) Within 90 days after a partner's dissociation by death