Where appellant challenged the dismissal of his claims for failure to state a claim, there was no basis for reversal, so the judgment is affirmed. Judgment is affirmed. Abdulrazzak v. Smith (MLW No. 74719/Case No. 19-2170 – 2 pages) (U.S. ...

Tagged with: Dismissal Failure To State Claim

Where an appellant in a diversity action challenged the denial of her motions to recuse, the dismissal is affirmed because the district court did not abuse its discretion in denying the motions. Judgment is affirmed. Caranchini v. Peck (MLW No. ...

Tagged with: Failure To State Claim Motion to Recuse

Where a plaintiff, who brought claims against the maker and seller of a neck brace alleging it caused or failed to protect him from serious injury, challenged the grant of the defendant’s motion to dismiss for failure to state a ...

Tagged with: Default Judgment Failure To State Claim products liability

Where an inmate challenged the district court’s grant of the defendants’ motion to dismiss, the judgment is affirmed because the complaint was properly dismissed for failure to state a claim. Judgment is affirmed. Munt v. Schnell (MLW No. 73958/Case No. ...

Tagged with: Failure To State Claim Inmate Action

Where an emergency air-transport company brought claims against an insurer for allegedly inadequate reimbursements for air-ambulance services provided to the insurer’s plan members, the plaintiff did not have the right to seek equitable relief under ERISA, and the judgment is ...

Tagged with: Emergency Air Transport Failure To State Claim

Where a former employee claimed that the investment committee of the employer’s retirement savings plan breached their fiduciary duties under the Employee Retirement Income Security Act of 1974, the employee’s allegations were insufficient to plausibly allege that ERISA fiduciaries breached ...

Tagged with: Breach Of Fiduciary Duty ERISA Failure To State Claim

Where appellant challenged the dismissal of his complaint in a foreclosure-related action, the district court did not err in finding that the appellant failed to state a claim upon which relief could be granted. Judgment is affirmed. Teague v. Regent ...

Tagged with: civil practice Failure To State Claim foreclosure

  Where an appellant challenged the dismissal of her complaint in a foreclosure-related action, the district court did not err in finding that the appellant failed to state a claim upon which relief could be granted. Judgment is affirmed. Baker ...

Tagged with: Civil Failure To State Claim Foreclosure Proceeding

Where customers of a water corporation sought reimbursements of alleged overpayments, the amended class-action petition failed to state a claim upon which relief could be granted because the trial court lacked authority to determine the water corporation’s rates under any ...

Tagged with: Administrative Failure To State Claim Monetary Damages Water Service Payments

King v. City of Crestwood (MLW No. 71987/Case No. 16-4560 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)

Tagged with: Attorney’s Fees Failure To State Claim Municipal Municipal Liability

Steckelberg v. Rice (MLW No. 71293/Case No. 17-1823 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)

Tagged with: civil practice Failure To State Claim Nebraska Law