§Why CasetextPricing

A & E Auto Body, Inc. et al v. 21st Century Centennial Insurance Company et al

MOTION to Dismiss Second Amended Complaint

18 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 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. Columbia v. Omni Outdoor Advertising, Inc.

    499 U.S. 365 (1991)   Cited 550 times   9 Legal Analyses
    Holding that there is no "conspiracy" exception to the Noerr-Pennington doctrine

  3. Corsello v. Lincare, Inc.

    428 F.3d 1008 (11th Cir. 2005)   Cited 537 times   2 Legal Analyses
    Holding that trial court did not err in denying relator's request to file an amended complaint where there was a repeated failure to cure deficiencies in three prior complaints

  4. Williamson Oil Co. v. Philip Morris USA

    346 F.3d 1287 (11th Cir. 2003)   Cited 290 times   1 Legal Analyses
    Holding that moving party bears the initial burden of establishing there is no genuine dispute as to any material fact

  5. In re Baby Food Antitrust Litigation

    166 F.3d 112 (3d Cir. 1999)   Cited 221 times   2 Legal Analyses
    Holding that the district court properly discounted evidence about allegedly collusive communications where, among other things, the defendant receiving those communications "generally did not act on any information obtained through" them

  6. Todorov v. DCH Healthcare Authority

    921 F.2d 1438 (11th Cir. 1991)   Cited 204 times
    Holding doctor's interests were not aligned with patients' interests, where doctor would benefit from radiologists' inflated prices; patients, their insurers, or government were interested in ensuring consumers paid competitive price, and they could bring antitrust action

  7. In re Graphics Processing Units Antitrust Litigation

    527 F. Supp. 2d 1011 (N.D. Cal. 2007)   Cited 113 times   1 Legal Analyses
    Holding that subpoenas served on defendants and grand jury investigation carry no weight in pleading antitrust conspiracy where it is unknown whether investigation will result in indictments or nothing at all, also noting that a decision not to prosecute would not be binding on plaintiffs, and granting leave to amend

  8. Thompson v. Metropolitan Multi-List, Inc.

    934 F.2d 1566 (11th Cir. 1991)   Cited 128 times   1 Legal Analyses
    Holding that $30,000 to $70,000 is "clearly substantial"

  9. Levine v. Central Florida Medical Affiliates

    72 F.3d 1538 (11th Cir. 1996)   Cited 107 times   1 Legal Analyses
    Holding that a buyer network does not engage in price fixing prohibited by the Sherman Act if it agrees on a maximum price it is willing to pay for a product and sellers decide whether to accept that price

  10. Bolt v. Halifax Hosp. Medical Center

    891 F.2d 810 (11th Cir. 1990)   Cited 61 times
    Holding that hospitals may be found liable for conspiring with members of medical staff, and that evidence of pretextual, sham peer review proceedings presented jury question whether hospitals conspired with peer review committees in violation of Sherman Act