Legal Opinion
Bellwether Properties, LLC v. Duke Energy Indiana, Inc.
Indiana Supreme Court
Decided December 20, 2017No. 53S04-1703-CT-121PublishedCited by 31 opinions
1Opinion of the Court
On Petition to Transfer from the Indiana Court of Appeals, No. 53A04-1511-CT-1880
Slaughter, Justice.
Dismissal under Trial Rule 12(B)(6) is rarely appropriate when the asserted ground for dismissal is an affirmative defense. To withstand a 12(B)(6) dismissal, the complaint need only allege such facts that, if proved, would entitle the plaintiff to obtain relief from the defendant. A complaint that survives that limited scrutiny states a claim for relief, even if there may lurk on the horizon an unassailable defense. Only where a plaintiff has pleaded itself out of court by alleging, and thus…
2Cases cited11 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- State v. American Family Voices, Inc.Indiana Supreme Court · 2008
- Veolia Water Indianapolis, LLC v. National Trust Insurance Co.Indiana Supreme Court · 2014
- Thornton v. StateIndiana Supreme Court · 2015
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Theresa Biedron v. Anonymous Physician 1Indiana Court of Appeals · 2018
- BloomBank v. United Fidelity Bank F.S.B.Indiana Court of Appeals · 2018
- Anthony Wayne Reed v. Leann White and Darrin ChaneyIndiana Court of Appeals · 2018
- Anonymous Physician, Anonymous Medical Practice, Anonymous Hospital v. Michelle Kendra, as Personal Representative of the Estate of John KendraIndiana Court of Appeals · 2018
- Anonymous Physician 1, and Indianapolis Fertility, Inc., d/b/a Reproductive Endocrinology Associates v. Elizabeth White and Matthew WhiteIndiana Court of Appeals · 2020
26 more not listed; retrieve them via the Exa API.