§Why CasetextPricing

Abid v. Google Inc.

Reply BRIEF re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Rule 12

56 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 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 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' "

  3. Stewart Org., Inc. v. Ricoh Corp.

    487 U.S. 22 (1988)   Cited 4,869 times   12 Legal Analyses
    Holding that federal law determines the validity of a forum selection clause

  4. The Bremen v. Zapata Off-Shore Co.

    407 U.S. 1 (1972)   Cited 4,537 times   41 Legal Analyses
    Holding that courts should enforce a choice-of-law clause when it is part of a "freely negotiated private international agreement"

  5. Carnival Cruise Lines, Inc. v. Shute

    499 U.S. 585 (1991)   Cited 1,944 times   8 Legal Analyses
    Holding that forum-selection clause in cruise passengers' form contract was reasonable and enforceable where there was "no indication" that the designated forum was chosen to "discourag[e] cruise passengers from pursing legitimate claims"

  6. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,406 times   18 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues

  7. Nemet Chevrolet v. Consumeraffairs.com, Inc.

    591 F.3d 250 (4th Cir. 2009)   Cited 3,047 times   3 Legal Analyses
    Holding that a website did not contribute to alleged illegality

  8. Giarratano v. Johnson

    521 F.3d 298 (4th Cir. 2008)   Cited 2,868 times
    Holding a court need not accept as true a complaint's legal conclusions, "unwarranted inferences, unreasonable conclusions, or arguments."

  9. Scherk v. Alberto-Culver Co.

    417 U.S. 506 (1974)   Cited 1,572 times   6 Legal Analyses
    Holding Securities Exchange Act claim arbitrable

  10. Eastern Shore Markets, Inc. v. J.D. Associates Ltd. Partnership

    213 F.3d 175 (4th Cir. 2000)   Cited 2,103 times
    Holding that review of order granting motion to dismiss under Rule 12(b) is de novo

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 487,542 times   692 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,084 times   149 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

  13. Section 1447 - Procedure after removal generally

    28 U.S.C. § 1447   Cited 33,135 times   110 Legal Analyses
    Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"

  14. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,393 times   184 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  15. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,860 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  16. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 2,912 times   68 Legal Analyses
    Making illegal "[e]very contract, combination ..., or conspiracy, in restraint of trade"

  17. Section 75-1.1 - Methods of competition, acts and practices regulated; legislative policy

    N.C. Gen. Stat. § 75-1.1   Cited 1,988 times   111 Legal Analyses
    Declaring unlawful "unfair or deceptive acts or practices in or affecting commerce"

  18. Section 75-1 - Combinations in restraint of trade illegal

    N.C. Gen. Stat. § 75-1   Cited 205 times   4 Legal Analyses
    Prohibiting "[e]very contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade"

  19. Section 22B-3 - Contracts with forum selection provisions

    N.C. Gen. Stat. § 22B-3   Cited 78 times   4 Legal Analyses
    Providing that "any provision in a contract entered into in North Carolina that requires the prosecution of any action . . . that arises from the contract to be instituted or heard in another state is against public policy and is void and unenforceable."

  20. Section 99D-1 - Interference with Civil Rights

    N.C. Gen. Stat. § 99D-1   Cited 27 times

    (a) It is a violation of this Chapter if: (1) Two or more persons, motivated by race, religion, ethnicity, or gender, but whether or not acting under color of law, conspire to interfere with the exercise or enjoyment by any other person or persons of a right secured by the Constitutions of the United States or North Carolina, or of a right secured by a law of the United States or North Carolina that enforces, interprets, or impacts on a constitutional right; and (2) One or more persons engaged in