§Why CasetextPricing

Fundacion Segarra-Boerman e Hijos, Inc. et al v. Martinez-Alvarez et al

MOTION to dismiss as to All Defendants

122 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,437 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 265,409 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. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 18,872 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  4. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 2,823 times   69 Legal Analyses
    Holding that a plaintiff seeking to bring suit under a federal statute must show not only that he has standing under Article III, but also that his "complaint fall within the zone of interests protected by the law" invoked

  5. Mine Workers v. Gibbs

    383 U.S. 715 (1966)   Cited 17,734 times   2 Legal Analyses
    Holding that supplemental jurisdiction is a "doctrine of discretion"

  6. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,010 times   33 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  7. Sedima, S.P.R.L. v. Imrex Co.

    473 U.S. 479 (1985)   Cited 4,219 times   7 Legal Analyses
    Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

  8. Marshall v. Marshall

    547 U.S. 293 (2006)   Cited 1,041 times   4 Legal Analyses
    Holding claim did not fall within probate exception even though it raised "questions which would ordinarily be decided by a probate court in determining the validity of the decedent's estate planning instrument"

  9. United States v. Turkette

    452 U.S. 576 (1981)   Cited 2,714 times   2 Legal Analyses
    Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity

  10. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,661 times   8 Legal Analyses
    Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers

  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 344,481 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. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,044 times   133 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,479 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  14. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,832 times   59 Legal Analyses
    Specifying prohibited activities

  15. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,231 times   320 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  16. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,910 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  17. Section 1114 - Remedies; infringement; innocent infringement by printers and publishers

    15 U.S.C. § 1114   Cited 7,874 times   88 Legal Analyses
    Holding liable "Any person who shall, without the consent of the registrant — use in commerce any reproduction . . . of a registered mark . . . in connection with which such use is likely to cause confusion."

  18. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,074 times   40 Legal Analyses
    Granting civil remedies for RICO violation

  19. Section 5 - United States defined

    18 U.S.C. § 5   Cited 315 times   1 Legal Analyses
    Defining "United States" in Title 18 as including "all places and waters, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone"