Landry v. Caffery Central Sugar Refinery & Railroad
Citations
- 104 La. 757
Syllabus
<p>Syllabus.</p> <p>On Motion to Dismiss.</p> <p>The ground is that the court is without jurisdiction ratione matwiae.</p> <p>Bach of the appellants asked for a judgment on appeal in an amount less than the lower limit of the Supreme Court’s jurisdiction. There was no privity of interest among the different parties. Appellants did not ask for one judgment for all, but each prayed for a judgment for himself.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that letter that could only be obtained from FDA through a FOIA request was not susceptible to judicial notice
- declining to take notice of an agency guidance letter where defendants “obtained a copy of [the] letter, not from the [agency]’s website, but from a Freedom Information Act request”
- denying motion to transfer venue in action alleging violations of, inter alia, N.Y. Gen. Bus. Law § 349 because none of the alleged unlawful conduct occurred in the proposed transferee venue
- “[I]f [FDA letters are] judicially noticeable, this Court would be unable to consider the facts for the truth of the matter asserted.”
- “[T]he majority of cases in this district only convert [Rule] 12(b)(6) motions to ones for summary judgment where a party has explicitly asked for that relief.”
- “[C]ourts may take judicial notice of public documents and matters of public record.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Breaux
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.