Legal Opinion
McShane Construction Company v. Gotham Insurance Company
Court of Appeals for the Eighth Circuit
Decided August 11, 2017No. 16-2632PublishedCited by 45 opinions
1Opinion of the Court
SHEPHERD, Circuit Judge.
McShane Construction, LLC (McShane), a general contractor, sued Gotham Insurance Company (Gotham) directly for failing to pay its insurance claim related to the alleged improper installation of a fire protection and suppression system by one of McShane’s subcontractors, Mallory Fire Protection Services (Mallory)—whom McShane has sued separately in Nebraska state court. The district court1 granted Gotham’s Federal Rule of Civil Procedure 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted, and McShane now appeals. Having jurisdiction…
2Cases cited17 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Braden v. Wal-Mart Stores, Inc.Court of Appeals for the Eighth Circuit · 2009
- Allstate Insurance v. NovakNebraska Supreme Court · 1981
- Auto-Owners Insurance v. Home Pride Companies, Inc.Nebraska Supreme Court · 2004
12 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Park Irmat Drug Corp. v. Express Scripts Holding Co.Court of Appeals for the Eighth Circuit · 2018
- Metropolitan Omaha Property v. City of Omaha, NebraskaCourt of Appeals for the Eighth Circuit · 2021
- Phx. Entm't Partners, LLC v. Ryco Enters., LLCDistrict Court, E.D. Missouri · 2018
- Phx. Entm't Partners, LLC v. Sports Legends, LLCDistrict Court, E.D. Missouri · 2018
- Park Irmat Drug Corp. v. Express Scripts Holding Co.District Court, E.D. Missouri · 2018
40 more not listed; retrieve them via the Exa API.