§Why CasetextPricing

Wind Condominium Association, Inc., et al v. Allied Tube & Conduit Corporation, et al

MOTION TO DISMISS 121 Amended Complaint FOR FAILURE TO STATE A CLAIM

36 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 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 273,590 times   368 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. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 17,092 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"

  4. Ziemba v. Cascade Intern., Inc.

    256 F.3d 1194 (11th Cir. 2001)   Cited 759 times   2 Legal Analyses
    Holding that Rule 9(b) satisfied if "complaint sets forth precisely what statements were made in what documents or oral representations or what omissions were made, and the time and place of each statement and the person responsible for making it, . . . the content of such statements and the manner in which they misled plaintiffs, and what defendants obtained as a consequence of the fraud"

  5. American United v. Martinez

    480 F.3d 1043 (11th Cir. 2007)   Cited 571 times
    Holding that the failure to allege a duty to disclose is fatal to a RICO claim premised on mail fraud arising out of alleged nondisclosure of material information

  6. Rollins v. Butland

    951 So. 2d 860 (Fla. Dist. Ct. App. 2007)   Cited 541 times   6 Legal Analyses
    Holding that a private individual seeking a consumer claim for damages under FDUTPA has to prove actual damages

  7. Tiara Condo. Ass'n, Inc. v. Marsh

    110 So. 3d 399 (Fla. 2013)   Cited 267 times   9 Legal Analyses
    Holding "that the application of the economic loss rule is limited to products liability cases"

  8. Durham v. Business Management Associates

    847 F.2d 1505 (11th Cir. 1988)   Cited 351 times
    Holding allegation of use of the mails sufficient, where plaintiffs' allegation that "correspondence and other communications concerning [the alleged scheme to defraud] took place through . . . the mails" was supported by an attached affidavit from a recipient describing such correspondence, even though dates and times of mailings were not stated

  9. Casa Clara v. Charley Toppino and Sons

    620 So. 2d 1244 (Fla. 1993)   Cited 215 times   1 Legal Analyses
    Holding cause of action against manufacturer of defective concrete was barred by the economic loss rule notwithstanding absence of privity

  10. Rollins, Inc. v. Heller

    454 So. 2d 580 (Fla. Dist. Ct. App. 1984)   Cited 157 times   3 Legal Analyses
    Holding that punitive damages are not available under Florida's Deceptive and Unfair Trade Practices Act

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 92,835 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  13. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 50,129 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,551 times   328 Legal Analyses
    Requiring that fraud be pleaded with particularity

  15. Section 501.204 - Unlawful acts and practices

    Fla. Stat. § 501.204   Cited 713 times   10 Legal Analyses
    Prohibiting "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce"

  16. Section 501.211 - Other individual remedies

    Fla. Stat. § 501.211   Cited 357 times   6 Legal Analyses
    Providing only for actual damages

  17. Section 501.203 - Definitions

    Fla. Stat. § 501.203   Cited 261 times   7 Legal Analyses
    Basing a violation of FDUTPA on, among other things, "[t]he standards of unfairness and deception set forth and interpreted by the Federal Trade Commission"

  18. Section 501.212 - Application

    Fla. Stat. § 501.212   Cited 161 times   8 Legal Analyses
    Disallowing " claim for personal injury or death or a claim to property other than the property that is the subject of the consumer transaction."

  19. Section 718.111 - [Effective 1/1/2026] The association

    Fla. Stat. § 718.111   Cited 107 times   9 Legal Analyses
    Authorizing a condominium association to enter into contracts and collect assessments to maintain and repair common elements

  20. Section 553.84 - Statutory civil action

    Fla. Stat. § 553.84   Cited 68 times   15 Legal Analyses
    Permitting certain civil actions premised on building code violations