Bell Atl. Corp. v. Twombly

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' "

Hishon v. King Spalding

Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

Jenkins v. McKeithen

Holding that in 12(b) motions, material allegations are taken as true and liberally construed in favor of non-moving party

In re Katrina Canal

Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees

Cuvillier v. Taylor

Holding that "to survive a Rule 12(b) motion to dismiss, a complaint 'does not need detailed factual allegations,' but must provide the plaintiff's grounds for entitlement to relief-including factual allegations that when assumed to be true 'raise a right to relief above the speculative level.'" (quoting Twombly, 550 U.S. at 555)

Wright v. Allstate Ins. Co.

Holding that "state law tort claims arising from claims handling by a WYO are preempted by federal law"

Campo v. Allstate Ins. Co.

Holding that state law claims related to policy procurement are not preempted by federal law

Associated Builders, v. Alabama Power Company

Holding that district court was correct to grant defendant's motion to dismiss where a reasonable fact-finder could not find that a prospectus that plaintiff appended to the complaint was misleading

Battle v. Seibels Bruce Ins. Co.

Holding that district courts possess subject matter jurisdiction over breach of contract claims arising out of SFIPs

In re Burzynski

Holding that district court did not err in dismissing doctor's Insurance Code claim where doctor "[could not] argue that he himself relied on the false representations"

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

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

Rule 10 - Form of Pleadings

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

Section 4001 - Congressional findings and declaration of purpose

Providing "It is therefore the further purpose of this chapter to make available . . . protection against damage and loss resulting from mudslides that are caused by accumulations of water on or under the ground."

Section 22:1220 - Redesignated

Failing to pay within 30 days after an agreement has been reduced to writing

Section 4071 - Federal operation of program; determination by Administrator; fiscal agents; report to Congress

Authorizing FEMA director to utilize insurance companies as fiscal agents of the United States

Section 4011 - Authorization to establish and carry out program

Authorizing the creation of the NFIP

Section 1997 - Obligor in bad faith

Section 4017 - National Flood Insurance Fund

Establishing the National Flood Insurance Fund

Section 4013 - Nature and limitation of insurance coverage

Providing commercial coverage

Section 62.23 - WYO Companies authorized

Characterizing the relationship between the federal government and WYO companies as "one of a fiduciary nature" and intended to "assure that any taxpayer funds are accounted for and appropriately expended"

Section 61.13 - Standard Flood Insurance Policy

Stating that no provision of the SFI Policy shall be altered, varied, or waived other than by the express written consent of the Federal Insurance Administrator

Section 61.4 - Special terms and conditions

Stipulating that the Federal Insurance Administrator promulgates "the terms and conditions of the Standard Flood Insurance Policy"