Summary
The United States District Court for the Eastern District of Louisiana denies NavSav Holdings IV, LLC’s motion to dismiss the defendants’ counterclaims. Applying the Rule 12(b)(6) pleading standard, the Court concludes that the defendants’ factual allegations, accepted as true at this stage, are sufficient to avoid dismissal.
Holdings
- The motion to dismiss the defendants' counterclaims was denied.
- At the motion-to-dismiss stage, the court must accept factual allegations as true and draw reasonable inferences in the nonmoving party's favor, while disregarding legal conclusions, conclusory allegations, and unwarranted factual inferences.
Questions Presented
- Whether the defendants' counterclaims should be dismissed under Federal Rule of Civil Procedure 12(b)(6).
- Whether the counterclaims contained sufficient factual allegations to state plausible claims for relief rather than merely conclusory legal assertions.
Disposition
other
Cases Cited (9)
- Lormand v. US Unwired, Inc., 565 F.3d 228, 232 (5th Cir. 2009)(followed)
- Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308 (2007)(followed)
- Scheuer v. Rhodes, 416 U.S. 232, 236 (1974)(followed)
- Lovick v. Ritemoney, Ltd., 378 F.3d 433, 437 (5th Cir. 2004)(followed)
- Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949-50 (2009)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)(followed)
- Gentilello v. Rege, 627 F.3d 540, 544 (5th Cir. 2010)(followed)
- Doe v. MySpace, Inc., 528 F.3d 413, 418 (5th Cir. 2008)(followed)
- Plotkin v. IP Axess, Inc., 407 F.3d 690, 696 (5th Cir. 2005)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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