§Why CasetextPricing

Tjl Gourmet Subs, Llc v. Parth 13, Inc. et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

20 Cited authorities

  1. 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

  2. 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"

  3. Bayh v. Sonnenburg

    573 N.E.2d 398 (Ind. 1991)   Cited 208 times
    Holding that plaintiffs' constitutional claim failed on the merits

  4. Woodruff v. Indiana Family & Soc. Servs. Admin.

    964 N.E.2d 784 (Ind. 2012)   Cited 79 times
    Affirming judgment for defendant on quantum meruit claim because the plaintiff "could not, under any level of reasonableness, have expected payment from [the defendant] once it had been decertified"

  5. Newland Resources, LLC v. Branham Corp.

    918 N.E.2d 763 (Ind. Ct. App. 2009)   Cited 36 times

    No. 06A01-0802-CV-79. December 31, 2009. Appeal from the boone Circuit Court, J. Jeffrey Edens, Judge. Melissa R. Garrard, Melissa R. Garrard, Attorney at Law, P.C., Lebanon, IN, Attorney for Appellant. Donn H. Wray, Mickey J. Lee, Stewart Irwin, Indianapolis, IN, Attorney for Appellee. Bryan H. Babb, Bose McKinney Evans LLP, Indianapolis, IN, Attorney for Cross-Appellees. OPINION FRIEDLANDER, Judge. Newland Resources, LLC (Newland) appeals from the trial court's judgment on the jury's verdict in

  6. Wright v. Pennamped

    657 N.E.2d 1223 (Ind. Ct. App. 1995)   Cited 44 times
    Recognizing an actionable claim for fraudulent concealment where there is a "duty to speak"

  7. Coleman v. Coleman

    949 N.E.2d 860 (Ind. Ct. App. 2011)   Cited 18 times
    In Coleman v. Coleman, 949 N.E.2d 860, 865 (Ind. Ct. App. 2011), we held that a partial judgment awarding damages is appealable as a matter of right under Indiana Appellate Rule 14(A)(1), despite dicta in National General Insurance Company v. Riddell, 705 N.E.2d 465, 465 n.1 (Ind. Ct. App. 1998), where another panel of this court stated that a partial money judgment is not an interlocutory order appealable as a matter of right.

  8. Garage Doors of Indianapolis v. Morton

    682 N.E.2d 1296 (Ind. Ct. App. 1997)   Cited 27 times
    Holding second complaint was frivolous, unreasonable or groundless when first identical complaint had already been dismissed by the court

  9. Banks v. Jamison

    12 N.E.3d 968 (Ind. App. 2014)   Cited 6 times

    No. 49A02–1304–PL–362. 07-14-2014 Terry BANKS, Appellant–Plaintiff, v. Denny JAMISON, d/b/a, Automotive HammerArt, Appellee–Defendant. MATHIAS, Judge. OPINION Terry Banks ("Banks") appeals the trial court's order granting partial summary judgment to Denny Jamison d/b/a Automotive HammerArt ("Jamison") on Banks's claims of theft, conversion, and commission of a deceptive act, which he alleged following Jamison's foreclosure of a possessory mechanic's lien against Banks for unpaid work done to Banks's

  10. Olsson v. Moore

    590 N.E.2d 160 (Ind. Ct. App. 1992)   Cited 17 times
    Finding that there was no meeting of the minds sufficient for an oral contract for the sale of real property where parties disagreed on their understanding of what was being sold and for what price

  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. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,880 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 35-41-2-2 - Culpability

    Ind. Code § 35-41-2-2   Cited 513 times
    Defining "knowingly"

  15. Section 34-24-3-1 - Offenses against property; recovery of damages, costs, and attorney's fee

    Ind. Code § 34-24-3-1   Cited 374 times   1 Legal Analyses
    Providing vehicle for civil recovery

  16. Section 35-43-4-3 - Conversion

    Ind. Code § 35-43-4-3   Cited 262 times

    (a) A person who knowingly or intentionally exerts unauthorized control over property of another person commits criminal conversion, a Class A misdemeanor. (b) The offense under subsection (a) is a Level 6 felony if committed by a person who exerts unauthorized control over the motor vehicle of another person with the intent to use the motor vehicle to assist the person in the commission of a crime. (c) The offense under subsection (a) is a Level 5 felony if: (1) committed by a person who exerts

  17. Section 35-43-4-2 - Theft

    Ind. Code § 35-43-4-2   Cited 220 times
    Defining theft

  18. Section 35-43-4-1 - Definitions

    Ind. Code § 35-43-4-1   Cited 87 times

    (a) As used in this chapter, "exert control over property" means to obtain, take, carry, drive, lead away, conceal, abandon, sell, convey, encumber, or possess property, or to secure, transfer, or extend a right to property. (b) Under this chapter, a person's control over property of another person is "unauthorized" if it is exerted: (1) without the other person's consent; (2) in a manner or to an extent other than that to which the other person has consented; (3) by transferring or encumbering other