§Why CasetextPricing

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

MOTION to quash service and to dismiss amended complaint

33 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. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,029 times   33 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  4. Omni Capital Int'l v. Rudolf Wolff Co.

    484 U.S. 97 (1987)   Cited 1,881 times   1 Legal Analyses
    Holding that due process concerns related to personal jurisdiction are alleviated where the defendant has consented to service

  5. Brooke Group Ltd. v. Brown Williamson Tobacco Corp.

    509 U.S. 209 (1993)   Cited 729 times   19 Legal Analyses
    Holding that "tacit collusion" of participants in oligopolistic market to raise prices in response to higher costs is "not in itself unlawful"

  6. Union Labor Life Ins. Co. v. Pireno

    458 U.S. 119 (1982)   Cited 447 times   8 Legal Analyses
    Holding that the use of a peer review committee to help set reasonable fees for chiropractic treatments did not constitute the business of insurance partly because the review committee was "not an integral part of the policy relationship between insurer and insured" and "involve[d] third parties wholly outside the insurance industry–namely, practicing chiropractors"

  7. Group Life Health Ins. Co. v. Royal Drug Co.

    440 U.S. 205 (1979)   Cited 441 times   6 Legal Analyses
    Holding that "contractual arrangements" between an insurance company and pharmacies did not constitute the business of insurance because they concerned a relationship with third parties and not the relationship "between insurer and insured"

  8. Horenkamp v. Van Winkle and Co., Inc.

    402 F.3d 1129 (11th Cir. 2005)   Cited 406 times
    Holding "that Rule 4(m) grants discretion to the district court to extend the time for service of process even in the absence of a showing of good cause."

  9. Benny v. Pipes

    799 F.2d 489 (9th Cir. 1986)   Cited 501 times
    Holding that defendants had not appeared despite filing three motions for an extension of time to answer the complaint

  10. Ethan Allen, Inc. v. Georgetown Manor

    647 So. 2d 812 (Fla. 1995)   Cited 285 times   2 Legal Analyses
    Holding that furniture company's relationship with its 89,000 past customers was not one upon which a tortious interference claim could be based because the company's hope that some of its past customers would continue to buy furniture from it was mere "speculation"

  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 4 - Summons

    Fed. R. Civ. P. 4   Cited 68,933 times   122 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  14. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 48,352 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  15. Section 1011 - Declaration of policy

    15 U.S.C. § 1011   Cited 1,149 times   35 Legal Analyses
    Responding to South-Eastern Underwriters by codifying that the “business of insurance” is exempt from most Congressional action