Legal Opinion

DCC Propane, LLC v. KMT Enterprises, Inc.

District Court, D. Connecticut

Decided June 11, 2024No. 3:23-cv-00950Unknown

1Opinion

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT DCC PROPANE, LLC, ) 3:23-CV-00950 (SVN) Plaintiff, ) ) v. ) ) KMT ENTERPRISES, INC. ) Defendant. ) June 11, 2024 RULING AND ORDER ON DEFENDANT’S MOTION TO DISMISS Sarala V. Nagala, United States District Judge. In this diversity action, Plaintiff DCC Propane, LLC brings common law claims for negligence and recklessness against Defendant KMT Enterprises, Inc., arising out of Defendant’s delivery of No. 2 heating oil to Plaintiff. Defendant moves to dismiss Plaintiff’s complaint in its entirety, alleging that it is fully preempted by the…

2Cases cited19 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Faber v. Metropolitan Life InsuranceCourt of Appeals for the Second Circuit · 2011
  4. Riegel v. Medtronic, Inc.Supreme Court of the United States · 2008
  5. Altria Group, Inc. v. GoodSupreme Court of the United States · 2008

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