§Why CasetextPricing

Thomas v. Pride Oil & Gas Properties Inc

MEMORANDUM RULING granting 12 Motion to Dismiss; denying as moot 12 Motion for More Definite Statement. Signed

16 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,625 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' "

  2. In re Katrina Canal

    495 F.3d 191 (5th Cir. 2007)   Cited 4,550 times   6 Legal Analyses
    Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees

  3. Southland Securities v. Inspire Ins. Solutions

    365 F.3d 353 (5th Cir. 2004)   Cited 1,145 times   8 Legal Analyses
    Holding that when determining whether a statement made by a corporation was made with scienter it is “appropriate to look to the state of mind of the individual corporate official or officials who make or issue the statement ... rather than generally to the collective knowledge of all the corporation's officers and employees”

  4. Tuchman v. DSC Commc'ns Corp.

    14 F.3d 1061 (5th Cir. 1994)   Cited 1,134 times   1 Legal Analyses
    Holding that motive to inflate stock price and value of defendants investments was insufficient to establish scienter under Rule 9(b)

  5. Plaquemines Parish Commission Council v. Delta Development Co.

    502 So. 2d 1034 (La. 1987)   Cited 223 times
    Holding the attorney-client relationship superinduces a trust status of the highest order and imposes upon the attorney the imperative of dealing with his client on the basis of the strictest fidelity and honor

  6. Greene v. Gulf Coast Bank

    593 So. 2d 630 (La. 1992)   Cited 92 times
    Finding no duty to disclose when there was not a fiduciary relationship between the defendant and the plaintiff

  7. Pioneer Valley v. Elmwood

    800 So. 2d 932 (La. Ct. App. 2001)   Cited 8 times
    Holding that a vendor's failure to disclose the fair market value of a building did not constitute fraud or redhibitory effect, and noting that "[w]here the means of ascertaining the value of property are equally available to both parties, a sale may not be set aside because information relating to its value was withheld by either party"

  8. Fenner v. Desalvo

    826 So. 2d 39 (La. Ct. App. 2002)   Cited 6 times

    No. 2001-CA-2223. April 17, 2002. Rehearing Denied May 15, 2002. APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 97-16358, DIVISION "N-8", HONORABLE ETHEL SIMMS JULIEN, JUDGE Robert H. Matthews, BEZOU MATTHEWS, New Orleans, LA, COUNSEL FOR PLAINTIFF/APPELLANT. Nancy J. Marshall, DEUTSCH, KERRIGAN STILES, New Orleans, LA, COUNSEL FOR DEFENDANT/APPELLEE (Court composed of Chief Judge William H. Byrnes III, Judge Miriam G. Waltzer, Judge Michael E. Kirby) Judge MIRIAM G. WALTZER Kevin Fenner sued

  9. Griffing v. Atkins

    1 So. 2d 445 (La. Ct. App. 1941)   Cited 14 times
    In Griffing v. Atkins, 1 So.2d 445 (La.App. 1st Cir., 1941), an ignorant finder of a ring took it to a jeweler to have it examined.

  10. Haas v. Cerami

    10 So. 2d 61 (La. 1942)   Cited 11 times
    Finding no duty, absent allegation or proof of a fiduciary relationship, forbidding a purchaser of mineral rights from using “inside information” which allegedly would increase the “prospect” of production and hence also increase value of rights purchased

  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 345,885 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1953 - Fraud may result from misrepresentation or from silence

    La. Civ. Code art. 1953   Cited 396 times   1 Legal Analyses
    Stating that "[f]raud is a misrepresentation or suppression of the truth made with the intention either to obtain an unjust advantage for one party or to cause a loss or inconvenience to the other. Fraud may also result from silence or inaction."

  13. Section 31:18 - Nature of mineral rights

    La. Stat. tit. 31 § 18   Cited 63 times

    A mineral right is an incorporeal immovable. It is alienable and heritable. The situs of a mineral right is the parish or parishes in which the land burdened is located. All sales, contracts, and judgments affecting mineral rights are subject to the laws of registry. La. R.S. § 31:18 Acts 1974, No. 50, §1, eff. Jan. 1, 1975. Acts 1974, No. 50, §1, eff. 1/1/1975.

  14. Section 2589 - Rescission for lesion beyond moiety

    La. Civ. Code art. 2589   Cited 17 times

    The sale of an immovable may be rescinded for lesion when the price is less than one half of the fair market value of the immovable. Lesion can be claimed only by the seller and only in sales of corporeal immovables. It cannot be alleged in a sale made by order of the court. The seller may invoke lesion even if he has renounced the right to claim it. La. C.C. § 2589 Acts 1993, No. 841, §1, eff. Jan. 1, 1995. Acts 1993, No. 841, §1, eff. 1/1/1995.

  15. Section 2464 - Price, essential elements

    La. Civ. Code art. 2464   Cited 14 times

    The price must be fixed by the parties in a sum either certain or determinable through a method agreed by them. There is no sale unless the parties intended that a price be paid. The price must not be out of all proportion with the value of the thing sold. Thus, the sale of a plantation for a dollar is not a sale, though it may be a donation in disguise. La. C.C. § 2464 Acts 1993, No. 841, §1, eff. Jan. 1, 1995. Acts 1993, No. 841, §1, eff. 1/1/1995.

  16. Section 31:17 - Rescission for lesion beyond moiety unavailable

    La. Stat. tit. 31 § 17   Cited 10 times

    A sale of a mineral right is not subject to rescission for lesion beyond moiety. La. R.S. § 31:17 Acts 1974, No. 50, §1, eff. Jan. 1, 1975. Acts 1974, No. 50, §1, eff. 1/1/1975.