Legal Opinion
Sullivan v. Monsanto Co.
District Court, E.D. Louisiana
Decided January 7, 2009No. Civil Action 06-4437PublishedCited by 3 opinions
1Opinion of the Court
ORDER & REASONS
IVAN L.R. LEMELLE, District Judge.
It is ORDERED that Defendant’s Motion to Dismiss Plaintiffs’ Second Amended, Restated and Supplemental Class Action Complaint, Rec. Doc. 86 is DENIED as to Counts I and II of that complaint, and GRANTED as to the remaining Counts.
Standard of Review
To survive a motion to dismiss for failure to state a claim upon which relief can be granted, “factual allegations must be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact)”. Bell Atlantic…
2Cases cited11 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Collins v. Morgan Stanley Dean WitterCourt of Appeals for the Fifth Circuit · 2000
- Curtiss-Wright Corp. v. SchoonejongenSupreme Court of the United States · 1995
- Robert J. Guidry v. Bank of Laplace, Etc.Court of Appeals for the Fifth Circuit · 1992
- High v. E-Systems Inc LongCourt of Appeals for the Fifth Circuit · 2006
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3Cited by3 opinions
- Brown v. Aetna Life InsuranceDistrict Court, W.D. Texas · 2013
- Belmonte v. EXAMINATION MANAGEMENT SERVICES, INC.District Court, N.D. Texas · 2010
- Gearlds v. Entergy Services, Inc.District Court, S.D. Mississippi · 2012