Legal Opinion · Dissent

Louisiana Stadium & Exposition District v. Financial Guaranty Insurance

Court of Appeals for the Second Circuit

Decided November 6, 2012No. Docket 10-2030Published

1DissentHall, Circuit Judge

Louisiana Stadium and Expositions District (“LSED”) argues on appeal that the district court improperly dismissed for failure to state a claim under Louisiana law LSED’s four claims against Financial Guaranty Insurance Company (“FGIC”)— failure of cause, breach of an implied obligation, detrimental reliance, and unjust enrichment. Although I would hold that LSED has adequately and plausibly pleaded the above claims so as to survive a motion to dismiss under Rule 12(b)(6) of federal procedure, our de novo review requires us to interpret several provisions of the Louisiana Civil Code which,…

2Cases cited23 opinions

  1. Litwin v. Blackstone Group, L.P.Court of Appeals for the Second Circuit · 2011
  2. Morphy, Makofsky & Masson, Inc. v. CANAL PLACE 2000Supreme Court of Louisiana · 1989
  3. Scott v. Bank of CoushattaSupreme Court of Louisiana · 1987
  4. Runner v. New York Stock Exchange, Inc.Court of Appeals for the Second Circuit · 2009
  5. Reliance Insurance Company v. Polyvision CorporationCourt of Appeals for the Second Circuit · 2007

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