§Why CasetextPricing

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

REPLY BRIEF re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Against Greenheart's Counter-Claim

21 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 times   365 Legal Analyses
    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' "

  3. Brooks v. Warden

    800 F.3d 1295 (11th Cir. 2015)   Cited 412 times
    Holding that, under the Prison Litigation Reform Act, 42 U.S.C. § 1997e, a prisoner may recover nominal damages for a constitutional violation without showing physical injury

  4. Hall v. United Ins. Co. of America

    367 F.3d 1255 (11th Cir. 2004)   Cited 580 times
    Holding that "denial of leave to amend is justified by futility when the complaint as amended is still subject to dismissal"

  5. Burger King Corporation v. Weaver

    169 F.3d 1310 (11th Cir. 1999)   Cited 681 times   1 Legal Analyses
    Holding that amendment to add bad faith refusal to renew claim was futile when court had already decided on summary judgment that refusal to renew was justified

  6. 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"

  7. Kuritzky v. Emory Univ

    294 Ga. App. 370 (Ga. Ct. App. 2008)   Cited 63 times
    Stating elements of breach of contract include “resultant damages.”

  8. Ray v. Spirit Airlines, Inc.

    767 F.3d 1220 (11th Cir. 2014)   Cited 39 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the FAA established a ‘comprehensive federal regulatory scheme governing air carriers,’ " the "1958 FAA could not have repealed any part of the yet-to-be-born 1970 RICO statute" (quoting Musson Theatrical, Inc. v. Fed.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) )

  9. Brown, P. E., Inc. v. Kent

    274 Ga. 849 (Ga. 2002)   Cited 40 times
    Holding that O.C.G.A. § 13-6-11, which authorizes awards of attorney's fees against a defendant who acts in bad faith, is stubbornly litigious, or causes the plaintiff unnecessary trouble and expense "does not permit an award of attorney fees and litigation expenses for proceedings before the appellate courts."

  10. 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."

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

    Ga. Code § 13-6-11   Cited 1,656 times   4 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”

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

    Ga. Code § 9-15-14   Cited 892 times
    Permitting a court to assess attorney fees "upon the motion of any party or the court itself"

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

    Ga. Code § 9-11-13   Cited 192 times
    Regarding counter- and cross-claims