§Why CasetextPricing

Miller et al v. Metropolitan Life Insurance Company et al

MEMORANDUM OF LAW in Support re: 98 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12

84 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,360 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 265,336 times   364 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. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,611 times   504 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”

  4. Comcast Corp. v. Behrend

    569 U.S. 27 (2013)   Cited 2,217 times   232 Legal Analyses
    Holding that at the class certification stage, "any model supporting a plaintiff's damages case must be consistent with its liability case"

  5. Makarova v. U.S.

    201 F.3d 110 (2d Cir. 2000)   Cited 3,939 times
    Holding that legal issues presented by Rule 12(b) motion are reviewed de novo

  6. Glob. Network Commc'ns v. City of N.Y

    458 F.3d 150 (2d Cir. 2006)   Cited 1,292 times
    Holding that courts may consider extrinsic documents when deciding a motion to dismiss where “the incorporated material is a contract or other legal document containing obligations upon which the plaintiff's complaint stands or falls, but which for some reason-usually because the document, read in its entirety would undermine the legitimacy of the plaintiff's claim-was not attached to the complaint”

  7. Carter v. HealthPort Techs., LLC

    822 F.3d 47 (2d Cir. 2016)   Cited 784 times   1 Legal Analyses
    Holding that " defendant's conduct that injures a plaintiff but does so only indirectly, after intervening conduct by another person, may suffice for Article III standing"

  8. Mangiafico v. Blumenthal

    471 F.3d 391 (2d Cir. 2006)   Cited 943 times
    Holding that a motion to dismiss is not converted where the court refers to extraneous material for background purposes but does not rely on it as a basis for dismissal

  9. Staehr v. Hartford Financial Serv

    547 F.3d 406 (2d Cir. 2008)   Cited 859 times   1 Legal Analyses
    Holding that matters judicially noticed by a court "are not considered matters outside the pleadings"

  10. Aryeh v. Canon Business Solutions, Inc.

    55 Cal.4th 1185 (Cal. 2013)   Cited 665 times   2 Legal Analyses
    Holding that "[i]nterpretations of federal antitrust law are at most instructive, not conclusive, when construing the Cartwright Act, given that the Cartwright Act was modeled not on federal antitrust statutes but instead on statutes enacted by California's sister states around the turn of the 20th century."

  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 344,399 times   920 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 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,361 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  13. Section 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud

    N.Y. CPLR 213   Cited 5,402 times   6 Legal Analyses
    Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

  14. Section 214 - Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical, dental or podiatric malpractice; to annul a marriage on the ground of fraud

    N.Y. CPLR 214   Cited 5,401 times   3 Legal Analyses
    Providing for three-year statute of limitations for personal injury actions

  15. Section 335.1 - Assault, battery or injury or death caused by wrongful act or negligence

    Cal. Code Civ. Proc. § 335.1   Cited 2,280 times   4 Legal Analyses
    Imposing two-year statute of limitations for personal injury claims

  16. Section 215 - [Effective Until 9/1/2024] Actions to be commenced within one year: against sheriff, coroner or constable; for escape of prisoner; for assault, battery, false imprisonment, malicious prosecution, libel or slander; for violation of right of privacy; for penalty given to informer; on arbitration award

    N.Y. C.P.L.R. § 215   Cited 1,943 times
    Imposing a one-year statute of limitations for intentional torts

  17. Section 337 - Contract, obligation or liability founded upon written instrument; book account; rescission of contract

    Cal. Code Civ. Proc. § 337   Cited 1,683 times   5 Legal Analyses
    Governing rescissions of written contracts

  18. Section 78bb - Effect on existing law

    15 U.S.C. § 78bb   Cited 906 times   30 Legal Analyses
    Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933

  19. Section 202 - Cause of action accruing without the state

    N.Y. CPLR 202   Cited 577 times
    Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does

  20. Section 13-80-102 - General limitation of actions - two years

    Colo. Rev. Stat. § 13-80-102   Cited 406 times   1 Legal Analyses
    Providing the general limitation for personal injury claims in Colorado is two years from when the action accrues