Topic: is granted only when the movant demonstrates that the compl… · Go Syfert
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Topic #11314

8 canonical passages across 6 cases, quoted by 33 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 Russell Dusek v. JPMorgan Chase & Co..

#Case FlagCanonical passage Citers
1 Russell Dusek v. JPMorgan Chase & Co. Anchor
ca11 · 2016
green “is granted only when the movant demonstrates that the complaint has failed to include 'enough facts to state a claim to relief that is plausible on its face.” 10
2 Rivell v. Private Health Care Systems, Inc.
ca11 · 2008
green “in the light most favorable to the plaintiff.” 5
3 Settoon Towing, L.L.C. v. Marquette Transportation Co.
ca5 · 2017
green “courts cannot, without any textual warrant, expand the operation of savings clauses to modify the scope of displacement under opa.” 3
4 Savage Services Corporation v. United States
ca11 · 2022
green “detailed scheme . . . preempts the general oil-removal remedies that might've been available under . . . the common law.” 3
5 Savage Services Corporation v. United States
ca11 · 2022
green “even if the opa may not itself contain a waiver of sovereign immunity, vessel owners may still go after the united states for removal costs and damages by bringing common-law admiralty claims against the government pursuant to the saa's sovereign-immunity waiver.” 3
6 Savage Services Corporation v. United States
ca11 · 2022
green “fragmented collection of federal and state laws providing inadequate cleanup and damage remedies.” 3
7 United States v. American Commercial Lines, L.L.C
ca5 · 2014
green “preemption refers to whether federal statutory law supersedes state law, while 'displacement' applies when . . . a federal statute governs a question previously governed by federal common law.” 3
8 Mid-Valley Pipeline Co. v. Sunoco Pipeline, L.P.
kyed · 2012
green “that the opa 'does not preempt state law in the area of oil spill liability and compensation” 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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