Combs v. Deaton

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that third-party claims “may be read in conjunction with the original pleadings” (quoting Arkwright Mut. Ins. Co. v. Bojoirve, Inc., No. 93-cv-3068, 1996 WL 361535, at , 1996 U.S. Dist. LEXIS 9013, at (S.D.N.Y. June 27, 1996))
• finding cross-claim which references complaint but does not contain independent fact demonstrating co-defendant’s indemnification obligation is insufficient
• dismissing negligence claim as “nearly identical” to unsupported negligent misrepresentation claim and collecting cases holding the same
• finding cross-claim which references complaint but does not contain independent fact demonstrating co-defendant’s indemnification obligation is insufficient
• refusing to find forfeiture of personal jurisdiction defense where defendant first made the defense in a motion to dismiss but later failed to make the defense when the district court was considering to dismiss the case on other grounds
• “Duplicative claims shall be dismissed when they are based on identical conduct and seek the same relief.”

Source: CourtListener parenthetical corpus (CC0).