§Why CasetextPricing

Doe v. Trinity Logistics, Inc. et al

ANSWERING BRIEF in Opposition re MOTION to Dismiss and/or to Strike Class Claims

50 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,542 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 61,623 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  4. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,815 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  5. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,672 times   33 Legal Analyses
    Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23

  6. United States Parole Comm'n v. Geraghty

    445 U.S. 388 (1980)   Cited 2,013 times   10 Legal Analyses
    Holding even a named plaintiff whose individual claims are moot retains a "personal stake" in representing the class jurisdictionally sufficient to appeal the denial of class certification

  7. American Pipe Construction Co. v. Utah

    414 U.S. 538 (1974)   Cited 2,115 times   162 Legal Analyses
    Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

  8. Pinker v. Roche Holdings Ltd.

    292 F.3d 361 (3d Cir. 2002)   Cited 2,323 times
    Holding that in ruling on a Rule 12(b) motion we must accept all of the plaintiff's allegations as true and construct disputed facts in favor of the plaintiff.

  9. Buck v. Hampton Tp. Sch. Dist

    452 F.3d 256 (3d Cir. 2006)   Cited 1,554 times   1 Legal Analyses
    Holding that in analyzing a motion to dismiss, the court may consider documents “attached to or submitted with the complaint, and any matters incorporated by reference or integral to the claim, items subject to judicial notice, matters of public record, orders, items appearing in the record of the case.”

  10. Messner v. Northshore Univ. HealthSystem

    669 F.3d 802 (7th Cir. 2012)   Cited 788 times   15 Legal Analyses
    Holding that it is sufficient for the plaintiff to prove disputed Rule 23 requirements by a preponderance of the evidence

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,805 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,162 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,923 times   1234 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  14. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,303 times   190 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  15. Section 1681b - Permissible purposes of consumer reports

    15 U.S.C. § 1681b   Cited 1,748 times   101 Legal Analyses
    Granting permission to obtain credit report where person "intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation"

  16. Section 1681o - Civil liability for negligent noncompliance

    15 U.S.C. § 1681o   Cited 1,138 times   7 Legal Analyses
    Subjecting persons who "negligently" fail to comply to only compensatory damages

  17. Section 1681p - Jurisdiction of courts; limitation of actions

    15 U.S.C. § 1681p   Cited 665 times   9 Legal Analyses
    Granting to district courts original jurisdiction over claims brought under the FCRA

  18. Section 1681c - Requirements relating to information contained in consumer reports

    15 U.S.C. § 1681c   Cited 636 times   58 Legal Analyses
    Reporting certain criminal information older than 7 years