§Why CasetextPricing

Windamir Development, Inc. v. Greenheart Construction, Inc. et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Against Greenheart's Counter-Claim with Brief In Support

23 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,796 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 279,848 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. American Dental Assoc. v. Cigna Corp.

    605 F.3d 1283 (11th Cir. 2010)   Cited 1,633 times
    Holding that the district court properly dismissed plaintiffs' § 1962(c) claims because plaintiffs had not sufficiently pled the acts of mail and wire fraud alleged to form a pattern of racketeering activity

  4. Kuritzky v. Emory Univ

    294 Ga. App. 370 (Ga. Ct. App. 2008)   Cited 66 times
    Stating elements of breach of contract include “resultant damages.”

  5. Budget Rent-A-Car v. Webb

    220 Ga. App. 278 (Ga. Ct. App. 1996)   Cited 95 times
    Explaining that breach of contract requires a breach and "resultant damages to the party who has the right to complain about the contract being broken"

  6. Ray v. Spirit Airlines, Inc.

    767 F.3d 1220 (11th Cir. 2014)   Cited 42 times   1 Legal Analyses
    Holding that "[r]egardless of whether the FAA established a ‘comprehensive federal regulatory scheme governing air carriers,’ " the "1958 FAA could not have repealed any part of the yet-to-be-born 1970 RICO statute" (quoting Musson Theatrical, Inc. v. Fed. Express Corp., 89 F.3d 1244, 1250 (6th Cir. 1996) )

  7. Byers v. McGuire Properties

    285 Ga. 530 (Ga. 2009)   Cited 29 times
    Holding that "evidence that closing attorneys may have had some inquiry notice prior to closing fails to show actual knowledge by SunTrust, and thus, cannot create a jury issue regarding culpable or inexcusable neglect."

  8. Sanders v. Brown

    257 Ga. App. 566 (Ga. Ct. App. 2002)   Cited 27 times
    Finding sufficient evidence of special damages because landowner proved that she lost two contracts for sale of land due to slander of title, that she had to refund earnest money, and that she had to pay a real estate commission

  9. Gardner v. Kinney

    230 Ga. App. 771 (Ga. Ct. App. 1998)   Cited 30 times
    Reversing jury's award of attorney fees when the jury awarded no other affirmative relief against that party

  10. Singh v. Sterling United, Inc.

    326 Ga. App. 504 (Ga. Ct. App. 2014)   Cited 10 times

    Nos. A13A2104 A14A0441. 2014-09-22 SINGH v. STERLING UNITED, INC. Singh v. Sterling United, Inc. Miles Patterson Hansford Tallant, Lauren Clipp Giles, Dana B. Miles, Cumming, for Appellant. Mary Trachian-Bradley, Atlanta, Steven Jay Strelzik, for Appellee. McMillian Miles Patterson Hansford Tallant, Lauren Clipp Giles, Dana B. Miles, Cumming, for Appellant. Mary Trachian-Bradley, Atlanta, Steven Jay Strelzik, for Appellee. McMillian, Judge. Inderjit Singh owns a tract of commercial property in Forsyth

  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 361,487 times   960 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,896 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 13-6-11 - Recovery of expenses of litigation generally

    Ga. Code § 13-6-11   Cited 1,714 times   5 Legal Analyses
    Permitting recovery of attorney's fees against a party that “has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense”

  14. Section 9-15-14 - Litigation costs and attorney's fees assessed for frivolous actions and defenses

    Ga. Code § 9-15-14   Cited 930 times
    Permitting a court to assess attorney fees "upon the motion of any party or the court itself"

  15. Section 9-11-13 - Counterclaim and cross-claim

    Ga. Code § 9-11-13   Cited 195 times
    Regarding counter- and cross-claims

  16. Section 28.106-7 - Withholding contract payments

    48 C.F.R. §§ 28.106-7

    (a) During contract performance, agencies shall not withhold payments due contractors or assignees because subcontractors or suppliers have not been paid. (b) If, after completion of the contract work, the Government receives written notice from the surety regarding the contractor's failure to meet its obligation to its subcontractors or suppliers, the contracting officer shall withhold final payment. However, the surety must agree to hold the Government harmless from any liability resulting from