21 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 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
Brooks v. Blue Cross & Blue Shield of Florida, Inc.
116 F.3d 1364 (11th Cir. 1997) Cited 1,969 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"
Jackson v. Okaloosa County
21 F.3d 1531 (11th Cir. 1994) Cited 642 times 2 Legal Analyses
Holding plaintiffs’ allegations that public housing was concentrated in Black neighborhoods stated a claim of intentional discrimination
Tiara Condo. Ass'n, Inc. v. Marsh
110 So. 3d 399 (Fla. 2013) Cited 269 times 9 Legal Analyses
Holding "that the application of the economic loss rule is limited to products liability cases"
HTP, Ltd. v. Lineas Aereas Costarricenses, S.A.
685 So. 2d 1238 (Fla. 1997) Cited 296 times 1 Legal Analyses
Holding that a fraudulent inducement is a separate and independent tort when compared to a breach of contract
State Exchange Bank v. Hartline
693 F.2d 1350 (11th Cir. 1982) Cited 155 times
Finding where there was a large sum of money involved, a lengthy period during which the suit remained pending without going to trial, and changes of counsel suggested defendants must have acquiesced in the delays that their attorneys were improperly causing
Linville v. Ginn Real Estate Co.
697 F. Supp. 2d 1302 (M.D. Fla. 2010) Cited 48 times
Finding that the requirements of Rule 9(b) applied to claims for negligent misrepresentation and fraud under Florida law
Ferguson Trans. v. North American Van Lines
687 So. 2d 821 (Fla. 1997) Cited 56 times
Holding that "in order to establish the tort of tortious interference with a business relationship, the plaintiff must prove a business relationship with identifiable customers"
Prewitt Enterprises, LLC v. Tommy Constantine Racing, LLC
185 So. 3d 566 (Fla. Dist. Ct. App. 2016) Cited 14 times
Holding that a fraudulent inducement claim based upon affirmative misrepresentations of present fact at the time of contracting “did not merge with the breach of contract claim” and was independently actionable
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
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. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 93,795 times 92 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 39,880 times 331 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 20,283 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

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

21 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

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"

Holding plaintiffs’ allegations that public housing was concentrated in Black neighborhoods stated a claim of intentional discrimination

Holding "that the application of the economic loss rule is limited to products liability cases"

Holding that a fraudulent inducement is a separate and independent tort when compared to a breach of contract

Finding where there was a large sum of money involved, a lengthy period during which the suit remained pending without going to trial, and changes of counsel suggested defendants must have acquiesced in the delays that their attorneys were improperly causing

Finding that the requirements of Rule 9(b) applied to claims for negligent misrepresentation and fraud under Florida law

Holding that "in order to establish the tort of tortious interference with a business relationship, the plaintiff must prove a business relationship with identifiable customers"

Holding that a fraudulent inducement claim based upon affirmative misrepresentations of present fact at the time of contracting “did not merge with the breach of contract claim” and was independently actionable

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

Requiring that fraud be pleaded with particularity

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion