Legal Opinion

Arch Wood Protection, Inc. v. Flamedxx, LLC

District Court, E.D. Tennessee

Decided March 19, 2013No. Case No. 1:10-CV-282PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM

CURTIS L. COLLIER, District Judge.

Before the Court is Counter-Defendant Arch Wood Protection, Inc.’s (“Defendant”) motion to dismiss Counter-Plaintiff Flamedxx’s (“Plaintiff’) amended counterclaim (“counterclaim”) (Court File No. 66).1 Defendant argues Plaintiffs counterclaim fails to state a claim on which relief can be granted because Defendant was not obligated to perform the duties serving as the basis of Plaintiffs claims and Plaintiff has failed to allege damages. Plaintiff responded in opposition to Defendant’s motion (Court File No. 68), arguing its factual allegations are…

2Cases cited27 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Papasan v. AllainSupreme Court of the United States · 1986
  4. William C. Lewis v. Acb Business Services, Inc., (96-3093/3498), American Express Travel Related Services Company, Inc. James P. Connors, (96-3498)Court of Appeals for the Sixth Circuit · 1998
  5. Peggy Greenberg and Pamela Rossmann, Individually and on Behalf of Others Similarly Situated v. The Life Insurance Company of VirginiaCourt of Appeals for the Sixth Circuit · 1999

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3Cited by5 opinions

  1. Safe Step Walk in Tub Co. v. CKH Industries, Inc.District Court, S.D. New York · 2017
  2. Blankenship v. Nissan North America, Inc.District Court, M.D. Tennessee · 2023
  3. Jakisha Bell v. Roger Meadows, et al.District Court, E.D. Kentucky · 2026
  4. TA Operating LLC v. Comdata, Inc.Court of Chancery of Delaware · 2017
  5. TA Operating LLC v. Comdata, Inc.Court of Chancery of Delaware · 2018

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