Legal Opinion

Lexington Insurance v. S.H.R.M. Catering Services, Inc.

Court of Appeals for the Fifth Circuit

Decided May 4, 2009No. 08-40322PublishedCited by 9 opinions

1Opinion of the Court

GARWOOD, Circuit Judge:

Plaintiff-appellant, Lexington Insurance Company (Lexington), as assignee of Ann Wells (Wells), sued Defendant-appellee, S.H.R.M. Catering Services, Inc., a/k/a Eurest Support Services (Eurest), based upon injuries Wells sustained while employed by Eurest. Eurest filed a Rule 12(b)(6) motion to dismiss the suit, arguing that the assignment was invalid. The district court granted the motion and dismissed Lexington’s claim. Lexington now appeals the district court’s grant of Eu-*184rest’s motion to dismiss. For the following reasons, we affirm.

FACTS AND PROCEEDINGS BELOW

Eurest…

2Cases cited9 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. In Re Katrina Canal Breaches LitigationCourt of Appeals for the Fifth Circuit · 2007
  3. McDermott, Inc. v. AmClydeSupreme Court of the United States · 1994
  4. Harold S. McDaniel v. Anheuser-Busch, Inc., Third Party v. Force Corporation, Third PartyCourt of Appeals for the Third Circuit · 1993
  5. Ronnie Gene Bass v. Phoenix Seadrill/78, Ltd., Third-Party v. Crown Rig Building Services, Inc., and Branham Industries, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1985

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3Cited by9 opinions

  1. Combo Maritime, Inc. v. U.S. United Bulk Terminal, LLCCourt of Appeals for the Fifth Circuit · 2010
  2. Sw. Airlines Co. v. Roundpipe, LLCDistrict Court, N.D. Texas · 2019
  3. Combo Maritime, Inc. v. U.S. United Bulk Terminal, LLCCourt of Appeals for the Fifth Circuit · 2010
  4. Corvus Energy Ltd. v. 1169997 Ontario, Ltd.Court of Appeals for the Ninth Circuit · 2017
  5. In re: M/T Stolt FlamencoDistrict Court, S.D. Texas · 2023

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