§Why CasetextPricing

Whitcomb et al v. Vetus Maxwell, Inc. et al

MOTION to dismiss for failure to state a claim as to Count I

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. East River S. S. Corp. v. Transamerica Delaval

    476 U.S. 858 (1986)   Cited 1,301 times   12 Legal Analyses
    Holding that no products-liability claim lies in admiralty when the only injury claimed is economic loss

  4. Jerome B. Grubart, Inc. v. Great Lakes Dredge Dock

    513 U.S. 527 (1995)   Cited 941 times   6 Legal Analyses
    Holding that the location test was satisfied when a crane, attached to a barge, was used to lift and replace pilings around a bridge pier and a tunnel flooded after an accident

  5. Sisson v. Ruby

    497 U.S. 358 (1990)   Cited 565 times
    Holding that storing a vessel at a marina on navigable waters substantially relates to traditional maritime activity

  6. Oxford Asset Management, Ltd. v. Jaharis

    297 F.3d 1182 (11th Cir. 2002)   Cited 787 times
    Holding conclusory allegations are insufficient to state a claim

  7. Saratoga Fishing Co. v. J. M. Martinac Co.

    520 U.S. 875 (1997)   Cited 168 times
    Holding warranty law “set the responsibilities of a seller of a product that fails to perform the function for which it was intended”

  8. Pulte Home Corp., v. Osmose Wood Preserving

    60 F.3d 734 (11th Cir. 1995)   Cited 53 times
    Finding that a plaintiff could not recover under a tort sounding in negligence for defective plywood used in a housing project where the only damages alleged consisted of the defective plywood and the costs associated with replacing the adjacent roofing materials

  9. Sea-Land Service, Inc. v. General Electric Co.

    134 F.3d 149 (3d Cir. 1998)   Cited 48 times
    Holding that "the product" is the object for which plaintiff bargained

  10. Mink v. Genmar Industries, Inc.

    29 F.3d 1543 (11th Cir. 1994)   Cited 53 times
    Holding that a maritime nexus was shown where an injured passenger who was slammed to the deck "could have fallen forward, striking the pilot or controls, thus directly interfering with the navigation of the craft and potentially causing an accident with another craft," or "the disruption of a serious passenger injury within such intimate confines could have distracted the pilot and indirectly interfered with the navigation of a vessel"

  11. 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. . . ."

  12. Section 1333 - Admiralty, maritime and prize cases

    28 U.S.C. § 1333   Cited 4,564 times   12 Legal Analyses
    Granting federal district courts original jurisdiction over "[a]ny civil case of admiralty or maritime jurisdiction"