§Why CasetextPricing

Zhang et al v. Fieldale Farms Corporation et al

MOTION to Dismiss Complaint re Third Party Complaint :

14 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 257,305 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,937 times   367 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. Lotierzo v. Woman's World Medical Ctr., Inc.

    278 F.3d 1180 (11th Cir. 2002)   Cited 257 times

    No. 01-12352. January 7, 2002. Frederick H. Nelson, American Liberties Institute, Orlando, FL, for Plaintiffs-Appellants. Michael K. Spotts, Kohl Spotts, P.A., Stuart, FL, for Defendants-Appellees. Appeal from the United States District Court for the Southern District of Florida. Before ANDERSON, Chief Judge, BLACK, Circuit Judge, and NANGLE, District Judge. Honorable John F. Nangle, U.S. District Judge for the Eastern District of Missouri, sitting by designation. NANGLE, District Judge: Appellants

  4. Powell v. Thomas

    643 F.3d 1300 (11th Cir. 2011)   Cited 180 times
    Holding that in Alabama, § 1983 cases are subject to a two-year statute of limitations

  5. McGinley v. Houston

    361 F.3d 1328 (11th Cir. 2004)   Cited 123 times
    Stating that the "Eleventh Circuit follows the absolute rule of the Fifth Circuit that a prior decision of the circuit panel or en bank cannot be overruled by a panel but only by the court sitting en banc"

  6. McReynolds v. Krebs

    290 Ga. 850 (Ga. 2012)   Cited 36 times
    Holding that § 51-12-32 "cannot trump the rules set forth in OCGA § 51-12-33 because it begins with the phrase, 'except as provided in Code Section 51-12-33'"

  7. Dist. Owners Ass'n, Inc. v. Environmental

    322 Ga. App. 713 (Ga. Ct. App. 2013)   Cited 12 times   1 Legal Analyses
    Affirming trial court's holding that "[b]ecause DOA has made no allegations of imputed or vicarious liability, it has failed to show that it is entitled to common law indemnity"

  8. Hines v. Holland

    334 Ga. App. 292 (Ga. Ct. App. 2015)   Cited 8 times
    Recognizing that common law indemnification is a remedy only where there is imputed liability

  9. 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 351,086 times   937 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  10. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 158,801 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  11. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,674 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

  12. Rule 14 - Third-Party Practice

    Fed. R. Civ. P. 14   Cited 3,663 times   10 Legal Analyses
    Striking improper third-party claim is appropriate remedy

  13. Section 51-12-33 - Reduction and apportionment of award or bar of recovery according to percentage of fault of parties and nonparties

    Ga. Code § 51-12-33   Cited 211 times   18 Legal Analyses
    Holding that assessments of damages against non-party are not binding or collectable

  14. Section 40-6-254 - Operating vehicle without adequately securing load

    Ga. Code § 40-6-254   Cited 1 times

    No person shall operate any motor vehicle with a load on or in such vehicle unless the load on or in such vehicle is adequately secured to prevent the dropping or shifting of such load onto the roadway in such a manner as to create a safety hazard. For purposes of this Code section, a load shall include, but not be limited to, a trailer required to be registered under Chapter 2 of this title. Any person who operates a vehicle in violation of this Code section shall be guilty of a misdemeanor. OCGA