Legal Opinion

Shan Fu v. Reed

District Court, M.D. Georgia

Decided April 9, 2014No. 5:12-CV-494 (CAR)Published

1Opinion of the Court

ORDER ON DEFENDANT’S MOTION TO DISMISS

C. ASHLEY ROYAL, Chief Judge.

Before the Court is Defendant Lisa Marie Reed’s Motion to Dismiss Plaintiffs’ *1373claim for punitive damages. Having considered the Motion and the applicable law, Defendant’s Motion to Dismiss [Doc. 14] is DENIED.

LEGAL STANDARD

On a motion to dismiss, the Court must accept as true all well-pleaded facts in a plaintiffs complaint.1 To avoid dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6), “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’…

2Cases cited11 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Sinaltrainal v. Coca-Cola CompanyCourt of Appeals for the Eleventh Circuit · 2009
  4. Amey, Inc., and John C. Amis, Jr. v. Gulf Abstract & Title, Inc., Amey, Inc., and John C. Amis, Jr. v. Gulf Abstract & Title, Inc.Court of Appeals for the Eleventh Circuit · 1985
  5. Colonial Pipeline Co. v. BrownSupreme Court of Georgia · 1988

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