Topic: although the defense of lack of capacity is not expressly m… · Go Syfert
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Topic #10420

9 canonical passages across 7 cases, quoted by 36 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Klebanow v. New York Produce Exchange.

#Case FlagCanonical passage Citers
1 Klebanow v. New York Produce Exchange Anchor
ca2 · 1965
green “although the defense of lack of capacity is not expressly mentioned in rule 12(b), the practice has grown up of examining it by a 12(b)(6) motion when the defect appears upon the face of the complaint.” 6
2 Matthew Alexander v. Verizon Wireless Services, LL
ca5 · 2017
green “we take all factual allegations as true and construe the facts in the light most favorable to the plaintiff.” 5
3 Boykin v. Louisiana Transit Co., Inc.
la · 1998
green “there is an almost universal duty on the part of the defendant in negligence cases to use reasonable care so as to avoid injury to another.” 4
4 Boykin v. Louisiana Transit Co., Inc.
la · 1998
green “universal duty on the part of the defendant in negligence cases to use reasonable care so as to avoid injury to another.” 4
5 Ramona Hinojosa v. Brad Livingston
ca5 · 2015
green “plaintiff must plead enough facts to nudge the claims across the line from conceivable to plausible.” 4
6 Coates v. Brazoria County Texas
txsd · 2012
green “whether a party has the capacity to sue or be sued is a legal question that may be decided at the rule 12 stage.” 4
7 Posecai v. Wal-Mart Stores, Inc.
la · 1999
green “under louisiana law, the existence of a duty presents a question of law that 'varies depending on the facts, circumstances, and context of each case and is limited by the particular risk, harm, and plaintiff involved.” 3
8 Ermert v. Hartford Ins. Co.
la · 1990
green “an unincorporated association is created in the same manner as a partnership, by a contract between two or more persons to combine their efforts, resources, knowledge or activities for a purpose other than profit or commercial benefit.” 3
9 Ermert v. Hartford Ins. Co.
la · 1990
green “black lives matter,' as that term is used in the complaint, is a social movement that was catalyzed on social media by the persons listed in the complaint in response to the perceived mistreatment of african-american citizens by law enforcement officers.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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