Legal Opinion
Stout v. Med-Trans Corp.
District Court, N.D. Florida
Decided May 2, 2018No. Case No. 1:17cv115–MW/GRJPublishedCited by 5 opinions
1Opinion of the Court
B
Normally, the existence of an affirmative defense like federal preemption of state law will not support a motion to dismiss. Quiller v. Barclays Am./Credit, Inc. , 727 F.2d 1067, 1069 (11th Cir. 1984), aff'd , 764 F.2d 1400 (11th Cir. 1985). "Nevertheless, a complaint may be dismissed under Rule 12(b)(6) when its own allegations indicate the existence of an affirmative defense." Id. Though the Stouts' Amended Complaint isn't vulnerable to dismissal simply by anticipating and attempting to negate the ADA's preemptive effect on their state-law claims, a Rule 12(b)(6) dismissal is proper if…
2Cases cited24 opinions
- United States v. SalernoSupreme Court of the United States · 1987
- Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
- Gonzales v. RaichSupreme Court of the United States · 2005
- National Federation of Independent Business v. SebeliusSupreme Court of the United States · 2012
- Musson Theatrical, Inc., and Modernage Photo Service, Inc., for Themselves and All Others Similarly Situated v. Federal Express CorporationCourt of Appeals for the Sixth Circuit · 1998
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3Cited by5 opinions
- Dolan v. Jetblue Airways Corp.District Court, S.D. Florida · 2019
- Air Evac EMS v. SullivanCourt of Appeals for the Fifth Circuit · 2021
- Billy Byler v. Air Methods Corp.Court of Appeals for the Sixth Circuit · 2020
- Phi Air Medical, LLC v. Corizon, Inc.Court of Appeals of Tennessee · 2021
- Worldwide Aircraft Services, Inc. v. Connecticut General Life Insurance CompanyDistrict Court, M.D. Florida · 2024