Legal Opinion
Baron v. Sherman (In Re Ondova Ltd. Co.)
Court of Appeals for the Fifth Circuit
Decided February 4, 2019No. 18-10182PublishedCited by 51 opinions
1Per curiam
Jeffrey Baron appeals the district court's dismissal under Federal Rule of Civil Procedure 12(b)(6) of his bankruptcy "adversary proceeding" against Daniel J. Sherman, the trustee responsible for administering the bankruptcy estate of Ondova Limited Company. Baron also appeals the denial of his motion for leave to amend. We review both de novo .
To survive a motion to dismiss, a complaint must contain sufficient facts to state a claim for relief that is plausible on *993 its face. And while we must accept a plaintiff's factual allegations as true, we are not bound to accept as true "a legal…
2Cases cited14 opinions
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- In Re Delorean Motor Company, Debtor. David W. Allard, Jr. v. Howard L. Weitzman, an IndividualCourt of Appeals for the Sixth Circuit · 1993
- City of Clinton, Ark. v. Pilgrim's Pride Corp.Court of Appeals for the Fifth Circuit · 2010
- United States v. ThibodeauxCourt of Appeals for the Fifth Circuit · 2000
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