Legal Opinion
Buente v. Allstate Insurance Company
District Court, S.D. Mississippi
Decided March 24, 2006No. CIVA105CV712LTSJMRPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
SENTER, Senior District Judge.
The Court has before it Defendant Allstate Insurance Company’s (Allstate) motion for judgment on the pleadings under F.R.Civ.P. 12(c). In considering this motion, the Court must accept as true the well-pleaded facts set out in the complaint, and the Court must allow all inferences favorable to the plaintiffs Lowrey v. Texas A & M University System, 117 F.3d 242 (5th Cir.1997). Dismissal is proper only if it appears that the plaintiffs can prove no set of facts in support of their allegations that would entitle them to relief. Conley v. Gibson,…
2Cases cited20 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Shaw v. BurchfieldMississippi Supreme Court · 1985
- USF&G CO. v. OmnibankMississippi Supreme Court · 2002
- Lowrey v. Texas a & M University SystemCourt of Appeals for the Fifth Circuit · 1997
- Nat Harrison Associates, Inc. v. Gulf States Utilities CompanyCourt of Appeals for the Fifth Circuit · 1974
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3Cited by3 opinions
- Ain v. Allstate Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2020
- In Re Katrina Canal Breaches Consolidated Lit.District Court, E.D. Louisiana · 2006
- Humphreys v. Encompass InsuranceDistrict Court, E.D. Louisiana · 2006