§Why CasetextPricing

Biermann v. Helicopters, Inc.

REPLY BRIEF to Opposition to Motion

31 Cited authorities

  1. 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' "

  2. Neitzke v. Williams

    490 U.S. 319 (1989)   Cited 55,774 times
    Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"

  3. Chudasama v. Mazda Motor Corp.

    123 F.3d 1353 (11th Cir. 1997)   Cited 1,185 times
    Holding that a motion to dismiss challenging the legal sufficiency of a claim should be resolved before discovery begins

  4. Com. of Pa. ex Rel. Zimmerman v. Pepsico, Inc.

    836 F.2d 173 (3d Cir. 1988)   Cited 1,375 times   1 Legal Analyses
    Holding that legal theories set forth in a response brief cannot serve to amend a complaint in response to a motion to dismiss

  5. Yarris v. County of Delaware

    465 F.3d 129 (3d Cir. 2006)   Cited 395 times   2 Legal Analyses
    Holding that, where it is not clear from a complaint whether a prosecutor’s action was investigative or quasi-judicial, a motion to dismiss based on absolute immunity is properly denied

  6. Bermingham v. Sony Corp. of America, Inc.

    820 F. Supp. 834 (D.N.J. 1992)   Cited 336 times
    Rejecting a plaintiff's attempt to amend her brief through her opposition brief

  7. Woolley v. Hoffmann-La Roche, Inc.

    99 N.J. 284 (N.J. 1985)   Cited 333 times   2 Legal Analyses
    Holding that absent a clear an prominent disclaimer, an implied promise in an employee manual that an employee will be fired only for cause can be enforceable

  8. Mann v. Brenner

    375 F. App'x 232 (3d Cir. 2010)   Cited 102 times
    Finding that district court properly dismissed "class of one" equal protection claim where plaintiff's allegations amounted "to nothing more than 'a formulaic recitation of the elements' of a constitutional discrimination claim."

  9. Ranke v. Sanofi-Synthelabo Inc.

    436 F.3d 197 (3d Cir. 2006)   Cited 114 times   1 Legal Analyses
    Holding that failure to submit a draft amended complaint is fatal to a request for leave to amend

  10. Nicosia v. Wakefern Food Corp.

    136 N.J. 401 (N.J. 1994)   Cited 97 times
    Holding that the effectiveness of a disclaimer can be resolved by the court as a question of law when the disclaimer is clear and uncontroverted

  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