§Why CasetextPricing

Teggerdine v. Speedway, Llc

MOTION to dismiss for failure to state a claim and Memorandum of Law in Support

14 Cited authorities

  1. 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

  2. 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

  3. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 17,278 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,158 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  5. Jackson v. Bellsouth Telecomms.

    372 F.3d 1250 (11th Cir. 2004)   Cited 1,841 times   1 Legal Analyses
    Holding that the same analysis applies to federal and Florida RICO claims

  6. Florida Assoc. Rehab. v. State of Florida

    225 F.3d 1208 (11th Cir. 2000)   Cited 340 times
    Holding that an injunction "to prescribe a set of standards upon which Defendants are to provide reimbursement for inadequate past and future payments" is barred

  7. Rollins, Inc. v. Heller

    454 So. 2d 580 (Fla. Dist. Ct. App. 1984)   Cited 158 times   3 Legal Analyses
    Holding that punitive damages are not available under Florida's Deceptive and Unfair Trade Practices Act

  8. Dorestin v. Hollywood Imports, Inc.

    45 So. 3d 819 (Fla. Dist. Ct. App. 2010)   Cited 35 times   1 Legal Analyses
    Finding that a car dealership which assisted its customers in obtaining financing was not a credit service organization because the customer did not pay the dealer a fee or other consideration for assistance in obtaining the financing

  9. Bankwest, Inc. v. Baker

    446 F.3d 1358 (11th Cir. 2006)   Cited 41 times
    Holding that the court would be " ‘overstepping [its] judicial authority’ by rendering an ‘impermissible advisory opinion about a non-existing’ set of facts"

  10. Macias v. HBC of Florida, Inc.

    694 So. 2d 88 (Fla. Dist. Ct. App. 1997)   Cited 41 times
    Holding that plaintiff failed to state a cause of action under FDUTPA as she suffered no actual damages and affirming dismissal of complaint with prejudice

  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 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

  12. 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. . . ."

  13. Section 501.2075 - Civil penalty

    Fla. Stat. § 501.2075   Cited 12 times   1 Legal Analyses
    Containing the FDUTPA's civil penalty provision