§Why CasetextPricing

Total RX Care Llc v. Great Northern Insurance Company

Brief/Memorandum in Support

22 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,830 times   364 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. Martin K. Eby Construction Co. v. Dallas Area Rapid Transit

    369 F.3d 464 (5th Cir. 2004)   Cited 2,113 times
    Holding that "it is clear that Eby's misrepresentation claim, as it is presented here, is a contractual one"

  3. Causey v. Sewell Cadillac-Chevrolet, Inc.

    394 F.3d 285 (5th Cir. 2004)   Cited 881 times
    Holding that "[d]ocuments that a defendant attaches to a motion to dismiss are considered part of the pleadings if they are referred to in the plaintiff's complaint and are central to her claim"

  4. Subaru of America v. David McDavid Nissan

    84 S.W.3d 212 (Tex. 2002)   Cited 536 times   1 Legal Analyses
    Holding that "[c]ourts of general jurisdiction presumably have subject matter jurisdiction unless a contrary showing is made"

  5. Haase v. Glazner

    62 S.W.3d 795 (Tex. 2001)   Cited 482 times   1 Legal Analyses
    Holding benefit of the bargain damages are not available if the claim is barred by the statute of frauds

  6. U.S. ex Rel. Doe v. Dow Chemical Co.

    343 F.3d 325 (5th Cir. 2003)   Cited 214 times
    Affirming a finding of prejudice where the plaintiff sought dismissal nine months after suit was filed, the parties had filed responsive pleadings, motions to compel, motions for expedited hearing, motions to dismiss, motions for oral arguments, and a motion for rehearing, the plaintiff's case could be construed as having been substantially weakened when the United States declined to intervene, and counsel had been sanctioned by the district court for failure to participate in the discovery process

  7. Southwestern Bell v. City of Houston

    529 F.3d 257 (5th Cir. 2008)   Cited 176 times
    Holding that "when deciding, under Rule 12(b), whether to dismiss . . . the court considers, of course, only the allegations in the complaint"

  8. Crawford v. Ace Sign, Inc.

    917 S.W.2d 12 (Tex. 1996)   Cited 212 times   1 Legal Analyses
    Holding that plaintiff could not maintain unconscionability claim under DTPA where the facts of the claim involved "nothing more than representations that the defendants would fulfill their contractual duty . . . and the breach of that duty sounds only in contract."

  9. Citizens National Bank v. Allen Rae Investments Inc.

    142 S.W.3d 459 (Tex. App. 2004)   Cited 151 times
    Holding that appellant waived jury charge error by failing to include proper citation to record

  10. Esty v. Beal Bank S.S.B.

    298 S.W.3d 280 (Tex. App. 2009)   Cited 119 times
    Holding that "mere nonfeasance under a contract creates liability only for breach of contract" and that tort damages are not recoverable unless plaintiff suffered injury that is independent and separate from economic losses recoverable under breach of contract claim

  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 344,948 times   920 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 17.49 - Exemptions

    Tex. Bus. & Com. Code § 17.49   Cited 118 times
    Permitting a consumer to maintain a cause of action for damages against a defendant who provides "professional services," where the cause of action arises from, among other things, an express material misrepresentation or unconscionable act which cannot be characterized as "advice, judgment, or opinion"