Legal Opinion

The Cincinnati Insurance Company v. Desert State Life Management

District Court, D. New Mexico

Decided September 26, 2019No. 1:18-cv-00981Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO THE CINCINNATI INSURANCE COMPANY Plaintiff, v. No. Civ. 18-981 JCH-SCY DESERT STATE LIFE MANAGEMENT, et al. Defendants. MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on Defendant Cameron Graham’s Motion to Dismiss Plaintiff’s Complaint for Declaratory Judgment (ECF No. 11). The Court, having considered the motion to dismiss, briefs, pleadings, relevant law and otherwise being fully advised, concludes that the motion to dismiss should be denied. I. LEGAL STANDARD ON A MOTION TO DISMISS On a motion to dismiss, the…

2Cases cited24 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
  3. Brillhart v. Excess Insurance Co. of AmericaSupreme Court of the United States · 1942
  4. Kansas Penn Gaming, LLC v. CollinsCourt of Appeals for the Tenth Circuit · 2011
  5. Geinosky v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2012

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