Legal Opinion

Kirby v. Red Bull North America, Inc.

District Court, D. South Carolina

Decided January 31, 2020No. 3:19-cv-02701Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Michael J. Kirby, C/A No. 3:19-cv-2701-CMC Plaintiff, v. Opinion and Order Red Bull North America, Inc., Defendant. The matter is before the court on Defendant Red Bull North America’s (“Defendant”) motion to dismiss the fraud and South Carolina Unfair Trade Practices Act claims under Fed. R. Civ. P. 12(b)(6), as well as the corresponding claims for punitive damages and attorney’s fees. ECF No. 5. Defendant also moves to strike these claims and allegations under Rule 12(f). ECF No. 12. Plaintiff filed a…

2Cases cited12 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Erickson v. PardusSupreme Court of the United States · 2007
  4. Edwards v. City of GoldsboroCourt of Appeals for the Fourth Circuit · 1999
  5. Giarratano v. JohnsonCourt of Appeals for the Fourth Circuit · 2008

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