Legal Opinion

Mundell v. Beverly Enterprises-Indiana, Inc.

District Court, S.D. Indiana

Decided November 12, 1991No. TH 90-151-CPublishedCited by 7 opinions

1Opinion of the Court

ENTRY GRANTING DEFENDANT’S PARTIAL MOTION TO DISMISS

TINDER, District Judge.

This cause comes before the court on a 12(b)(6) motion to dismiss for failure to state a claim brought by defendants Beverly Enterprises-Indiana, Inc., and Beverly Enterprises. Defendants move to dismiss paragraph 10 of plaintiff’s Amended Complaint which reads as follows:

10. That the conduct of the Defendants was willful, abusive, deceitful, and constitutes the basis for the imposition of punitive damages upon the Defendants by reason of their neglect, mismanagement, lack of proper care and deceitful conduct. That an…

2Cases cited21 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Neitzke v. WilliamsSupreme Court of the United States · 1989
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Helen L. Huff, Administratrix of the Estate of Jessee Huff, Deceased, Cross-Appellant v. White Motor Corporation, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1979
  5. Bernard Beam v. Ipco Corporation, D/B/A Sterling OpticalCourt of Appeals for the Seventh Circuit · 1988

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3Cited by7 opinions

  1. Foster v. Evergreen Healthcare, Inc.Indiana Court of Appeals · 1999
  2. Storts v. Hardee's Food Systems, Inc.District Court, D. Kansas · 1996
  3. Walsh v. StrenzDistrict Court, M.D. Pennsylvania · 1999
  4. A.C. v. Estate of CrabtreeIndiana Court of Appeals · 2004
  5. Potts v. Boeing Co.District Court, D. Kansas · 1995

2 more not listed; retrieve them via the Exa API.

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