Caravello v. American Airlines, Inc.
District Court, S.D. Florida
1Opinion of the Court
ORDER ON DEFENDANT’S MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR JUDGMENT ON THE PLEADINGS
ALTONAGA, District Judge.
THIS CAUSE came before the Court upon Defendant, American Airlines, Inc.’s Motion to Dismiss, or in the Alternative, for Judgment on the Pleadings (D.E. 1 & 11). The Court reviewed the written submissions of the parties, applicable law, and heard oral argument on February 9, 2004.
I. Legal Standard on a Motion to Dismiss, and Matters Considered
For purposes of a motion to dismiss, the court must accept the allegations of the complaint as true. United States v. Perneo Aeroplex,…
2Cases cited24 opinions
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Hawaiian Airlines, Inc. v. NorrisSupreme Court of the United States · 1994
- Consolidated Rail Corporation v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
- Andrews v. Louisville & Nashville RailroadSupreme Court of the United States · 1972
- Union Pacific Railroad v. SheehanSupreme Court of the United States · 1979
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