Legal Opinion

Great American Emu Company, LLC v. The E.J. McKernan Co.

District Court, E.D. North Carolina

Decided December 22, 2020No. 5:20-cv-00161Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO. 5:20-CV-161-FL GREAT AMERICAN EMU COMPANY, ) LLC doing business as AEC Consumer ) Products, ) ) Plaintiff, ) ) ORDER v. ) ) THE E.J. MCKERNAN CO. doing business ) as McKernan Packaging Clearing House, ) ) Defendant. ) This matter is before the court on defendant’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (DE 13). Also before the court is plaintiff’s motion to strike (DE 21) improper argument in defendant’s reply. The motions have been briefed fully, and the issues…

2Cases cited28 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Nemet Chevrolet, Ltd. v. Consumeraffairs. Com, Inc.Court of Appeals for the Fourth Circuit · 2009
  4. Crosby v. City of GastoniaCourt of Appeals for the Fourth Circuit · 2011
  5. Krawiec v. ManlySupreme Court of North Carolina · 2018

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