Legal Opinion
Loewer v. New York Life Insurance
District Court, M.D. Florida
Decided September 20, 1991No. 91-104-CIV-FTM-17(D)PublishedCited by 9 opinions
1Opinion of the Court
KOVACHEVICH, District Judge.
ORDER ON MOTION TO DISMISS
THIS CAUSE is before the Court on Defendant’s Motion to Dismiss the claim of Plaintiff, IRENE S. LOEWER, filed May 24, 1991. Memoranda in support of the motion were filed May 24, 1991, and June 12, 1991. Memoranda in opposition were filed June 7, 1991, and July 19, 1991.
A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that Plaintiff can prove no set of facts that would entitle her to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957). A trial court, in…
2Cases cited24 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Dioguardi v. DurningCourt of Appeals for the Second Circuit · 1944
- John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
- Knowles v. CIT CorporationDistrict Court of Appeal of Florida · 1977
19 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Abruzzo v. HallerDistrict Court of Appeal of Florida · 1992
- State Farm Mut. Auto. Ins. Co. v. LeeSupreme Court of Florida · 1996
- Young v. Southern Farm Bureau Life Ins.Mississippi Supreme Court · 1991
- Medical Jet v. Signature Flight SupportDistrict Court of Appeal of Florida · 2006
- Raber v. Osprey Alaska, Inc.District Court, M.D. Florida · 1999
4 more not listed; retrieve them via the Exa API.