Legal Opinion
Hoeffling v. United States Steel, Great Lakes Fleet, Inc.
District Court, E.D. Michigan
Decided December 5, 1991No. 2:91-cv-73136PublishedCited by 6 opinions
1Opinion of the Court
ORDER DENYING DEFENDANT’S MOTION TO DISMISS CLAIM FOR PUNITIVE DAMAGES
HACKETT, District Judge.
Pursuant to Fed.R.Civ.P. 12(b)(6), defendant filed a motion to dismiss plaintiff’s claim for punitive damages under the admiralty doctrine of maintenance and cure. Plaintiff opposes the motion.
Federal Rule of Civil Procedure 12(b)(6) authorizes a court to dismiss a claim on an issue of law. In considering a Rule 12(b)(6) motion, a court must “accept all of plaintiff’s factual allegations as true and determine whether any set of facts consistent with the allegations would entitle the plaintiff to…
2Cases cited8 opinions
- Vaughan v. AtkinsonSupreme Court of the United States · 1962
- Earl E. Robinson v. Pocahontas, Inc.Court of Appeals for the First Circuit · 1973
- G.M. Engineers and Associates, Inc. v. West Bloomfield TownshipCourt of Appeals for the Sixth Circuit · 1990
- Harry Holmes v. J. Ray McDermott & Company, Inc.Court of Appeals for the Fifth Circuit · 1984
- James Breese, Jr., Cross-Appellee v. Awi, Inc., Cross-AppellantCourt of Appeals for the Fifth Circuit · 1987
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Guevara v. Maritime Overseas Corp.Court of Appeals for the Fifth Circuit · 1994
- Guevara v. Maritime Overseas Corp.Court of Appeals for the Fifth Circuit · 1995
- Ridenour v. Holland America Line Westours, Inc.District Court, W.D. Washington · 1992
- Watters v. Harrah's Illinois Corp.District Court, N.D. Illinois · 1998
- Domingo Guevara v. Maritime Overseas CorporationCourt of Appeals for the Fifth Circuit · 1994
1 more not listed; retrieve them via the Exa API.