Legal Opinion
Edwards v. ELLSWORTH, MAY, SUDWEEKS, STUBBS, IBSEN
District Court, D. Idaho
Decided March 10, 1997No. CIV. 95-0324-S-BLWPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
WINMILL, District Judge.
INTRODUCTION
The Court, has before it Defendants’ second motion to dismiss. The motion is fully briefed .and at issue. The Court rejects Defendants’ arguments, but raises sua sponte a concern about its subject matter jurisdiction. The Court will set out its reasoning in more detail below. ,
LEGAL STANDARDS GOVERNING MOTIONS TO DISMISS
A Motion to Dismiss should not be granted “unless it appears beyond doubt that Plaintiff can prove no set of facts in support of his claim that would entitle him to relief.” Clegg v. Cult Awareness Network, 18…
2Cases cited13 opinions
- Owen Equipment & Erection Co. v. KrogerSupreme Court of the United States · 1978
- Jerry L. Branch, Valenna Branch, Colby Branch v. Dale L. Tunnell, Individually and as Special Agent of Bureau of Land Management, State of MontanaCourt of Appeals for the Ninth Circuit · 1994
- Frizell Clegg v. Cult Awareness Network Cult Awareness Network, Los Angeles Chapter Cynthia Kisser Priscilla CoatesCourt of Appeals for the Ninth Circuit · 1994
- Markham v. AllenSupreme Court of the United States · 1946
- E. & J. Gallo Winery v. Gallo Cattle Co.Court of Appeals for the Ninth Circuit · 1992
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Brown v. City of CaldwellDistrict Court, D. Idaho · 2011
- Quad-Cities Construction, Inc. v. Advanta Business Services, Corp. (In Re Quad-Cities Construction, Inc.)United States Bankruptcy Court, D. Idaho · 2000
- Western Towboat Company v. Vigor Marine LLCDistrict Court, W.D. Washington · 2021