Allen v. Vertafore, Inc.

32 Citing cases

  1. In re GEICO Customer Data Breach Litig.

    No. 21-CV-2210-KAM-SJB (E.D.N.Y. Jul. 21, 2023)   Cited 2 times

    (“[T]he facts alleged in the Complaint describe Vertafore as having stored the data on servers under Vertafore's control, meaning the data was never actually knowingly disclosed to anyone outside of Vertafore.”), report and recommendation adopted, 2021 WL 3144469, at *1 (July 23, 2021), aff'd, 28 F.4th 613, 615 (5th Cir. 2022), cert. denied, 143 S.Ct. 109 (2022).

  2. Spratlen v. Rainey

    No. 24-CV-00053-DC-RCG (W.D. Tex. Dec. 27, 2024)

    “When considering a motion to dismiss under Rule 12(b)(6), the Court's review is limited to the complaint; any documents attached to the complaint; any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint; and matters subject to judicial notice under Federal Rule of Evidence 201.” Doe v. Univ. of Tex. M.D. Anderson Cancer Ctr., 653 F.Supp.3d 359, 370 (S.D. Tex. 2023) (citing Allen v. Vertafore, Inc., 28 F.4th 613, 616 (5th Cir. 2022); George v. SI Grp., Inc., 36 F.4th 611, 619 (5th Cir. 2022)). “Moreover, where video recordings are included in the pleadings, as is the case here, the video depictions of events, viewed in the light most favorable to the plaintiff, should be adopted over the factual allegations in the complaint if the video ‘blatantly contradict[s]' those allegations.”

  3. Waller v. Jet Specialty, Inc.

    MO:23-CV-00121-DC-RCG (W.D. Tex. Nov. 19, 2024)

    “When considering a motion to dismiss under Rule 12(b)(6), the Court's review is limited to the complaint; any documents attached to the complaint; any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint; and matters subject to judicial notice under Federal Rule of Evidence 201.” Doe v. Univ. of Tex. M.D. Anderson Cancer Ctr., 653 F.Supp.3d 359, 370 (S.D. Tex. 2023) (citing Allen v. Vertafore, Inc., 28 F.4th 613, 616 (5th Cir. 2022); George v. SI Grp., Inc., 36 F.4th 611, 619 (5th Cir. 2022)). If the plaintiff's allegations are contradicted by facts disclosed by a document attached to the complaint or by facts disclosed by a document attached to the motion to dismiss that are central to the claim and referenced by the complaint, then the plaintiff's contradicted allegations are not accepted as true.

  4. Bridges v. The Methodist Hosp.

    Civil Action 4:23-CV-1699 (S.D. Tex. Sep. 30, 2024)   Cited 1 times

    the Court's review is limited to the complaint; any documents attached to the complaint; any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint; and matters subject to judicial notice under Federal Rule of Evidence 201. Allen v. Vertafore, Inc., 28 F.4th 613, 616 (5th Cir. 2022); George v. SI Group, Inc., 36 F.4th 611, 619 (

  5. Clark v. City of Pasadena

    Civil Action 4:23-CV-04050 (S.D. Tex. Sep. 30, 2024)   Cited 1 times

    The court's review is limited to the complaint, any documents attached to the complaint, any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint, and matters subject to judicial notice under Federal Rule of Evidence 201. Allen v. Vertafore, Inc., 28 F.4th 613, 616 (5th Cir. 2022); George v. SI Group, Inc., 36 F.4th 611, 619 (5th Cir. 2022).

  6. North v. Harris Cent. Appraisal Dist.

    Civil Action 4:23-CV-04067 (S.D. Tex. Aug. 27, 2024)

    The court's review is limited to the complaint; any documents attached to the complaint; any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint; and matters subject to judicial notice under Federal Rule of Evidence 201. Allen v. Vertafore, Inc., 28 F.4th 613, 616 (5th Cir. 2022); George v. SI Group, Inc., 36 F.4th 611, 619 (5th Cir. 2022).

  7. English v. United States

    Civil Action 4:24-CV-00283 (S.D. Tex. Aug. 27, 2024)

    The court's review is limited to the complaint; any documents attached to the complaint; any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint; and matters subject to judicial notice under Federal Rule of Evidence 201. Allen v. Vertafore, Inc., 28 F.4th 613, 616 (5th Cir. 2022); George v. SI Group, Inc., 36 F.4th 611, 619 (5th Cir. 2022).

  8. Griffin v. Inogen

    Civil Action 4:23-cv-411-ALM-KPJ (E.D. Tex. Aug. 9, 2024)

    At the motion to dismiss stage, “[t]he court's review is limited to the complaint, any documents attached to the complaint, and any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint.” Allen v. Vertafore, Inc., 28 F.4th 613, 616 (5th Cir. 2022) (quoting Lone Star Fund V (U.S.), L.P. v. Barclays Bank PLC, 594 F.3d 383, 387 (5th Cir. 2010)). III. ANALYSIS

  9. Salvador v. Target Corp.

    Civil Action 4:23-cv-585-SDJ-KPJ (E.D. Tex. Jul. 2, 2024)

    At the motion to dismiss stage, “[t]he court's review is limited to the complaint, any documents attached to the complaint, and any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint.” Allen v. Vertafore, Inc., 28 F.4th 613, 616 (5th Cir. 2022) (quoting Lone Star Fund V (U.S.), L.P. v. Barclays Bank PLC, 594 F.3d 383, 387 (5th Cir. 2010)). III. ANALYSIS

  10. Robinson v. Escorza

    No. SA-23-CV-734-OLG-HJB (W.D. Tex. Mar. 12, 2024)

    In deciding whether to grant a Rule 12(b)(6) motion to dismiss, “[t]he court's review is limited to the complaint, any documents attached to the complaint, and any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint.” Allen v. Vertafore, Inc., 28 F.4th 613, 616 (5th Cir. 2022) (citation omitted).