§Why CasetextPricing

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

MOTION to dismiss for failure to state a claim -Motion to Dismiss Vetus Maxwell's Crossclaim

12 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. United States v. Reliable Transfer Co.

    421 U.S. 397 (1975)   Cited 561 times   1 Legal Analyses
    Holding that liability "is to be allocated equally only when the parties are equally at fault or when it is not possible fairly to measure the comparative degree of their fault"

  5. 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

  6. Hardy v. Gulf Oil Corp.

    949 F.2d 826 (5th Cir. 1992)   Cited 92 times   1 Legal Analyses
    Applying proportional fault rules, rather than tort indemnity theories, to maritime cases

  7. Simeon v. T. Smith Son, Inc.

    852 F.2d 1421 (5th Cir. 1988)   Cited 98 times
    Holding that counsel's comments on plaintiffs use of cane did not require a new trial, because "[t]he jury no doubt had observed [plaintiffs] hobbled gait as he took the witness stand" and "[a]ny additional impact on the jury as it watched [plaintiff] walk to the chalkboard was not seriously prejudicial"

  8. Self v. Great Lakes Dredge Dock Co.

    832 F.2d 1540 (11th Cir. 1988)   Cited 84 times
    Holding that "the philosophy governing Edmonds is clear: any inequity which results from the implementation of a seaman's damage award should be borne by the tortfeasors rather than the seaman himself," even where the seaman was contributorily negligent

  9. Marathon Pipe Line Co. v. Drilling Rig ROWAN/ODESSA

    761 F.2d 229 (5th Cir. 1985)   Cited 50 times
    Holding that the body of law establishing the indemnitee's primary liability governs claim for indemnity or contribution against a third party

  10. Sol v. City of Miami

    776 F. Supp. 2d 1375 (S.D. Fla. 2011)   Cited 8 times
    Holding that allegation that the two tortfeasors “might share responsibility for the accident ... satisfie[d] the ‘common legal liability’ requirement”

  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"