§Why CasetextPricing

Action Ready Mix Concrete Inc. et al v. Cemex Corp. et al

MEMORANDUM in Opposition re MOTION to Dismiss 90 Amended Complaint, with Incorporated Memorandum of Law MOTION to Dismiss 90 Amended Complaint, with Incorporated Memorandum of Law MOTION to Dismiss 90 Amended Complaint, with Incorporated Memorandum of Law of the Direct Purchaser Plaintiffs in Opposition to Defendants' Motion to Dismiss the Consolidated Amended Complaints

77 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 times   280 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 268,776 times   367 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 62,250 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  4. Boyle v. United States

    556 U.S. 938 (2009)   Cited 1,144 times   9 Legal Analyses
    Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."

  5. Total Benefits Planning v. Anthem Blue Cross

    552 F.3d 430 (6th Cir. 2008)   Cited 1,054 times   2 Legal Analyses
    Affirming dismissal of complaint that defendants conspired to defame and libel plaintiffs because allegations offered “no factual description of the substance of the statements or who made the statements that ‘defamed and libeled,’ ‘coerced and threatened,’ and ‘blacklisted’ Plaintiffs”

  6. Bryant v. Avado Brands, Inc.

    187 F.3d 1271 (11th Cir. 1999)   Cited 1,290 times   2 Legal Analyses
    Holding that “a court, when considering a motion to dismiss in a securities fraud case, may take judicial notice . . . of relevant public documents required to be filed with the SEC”

  7. Continental Co. v. Union Carbide

    370 U.S. 690 (1962)   Cited 808 times   4 Legal Analyses
    Holding that Court of Appeals erred by addressing plaintiff's allegations as separate claims, because in an antitrust case "plaintiffs should be given the full benefit of their proof without tightly compartmentalizing the various factual components and wiping the slate clean after scrutiny of each."

  8. U.S. v. Socony-Vacuum Oil Co.

    310 U.S. 150 (1940)   Cited 1,762 times   5 Legal Analyses
    Holding counsel "cannot as a rule remain silent, interpose no objections, and after a verdict has been returned seize for the first time on the point that the comments to the jury were improper and prejudicial"

  9. Starr v. Sony BMG Music Entm't

    592 F.3d 314 (2d Cir. 2010)   Cited 560 times   4 Legal Analyses
    Holding that a plaintiff need only "alleged specific facts sufficient to plausibly suggest that the parallel conduct alleged was the result of an agreement among the defendants"

  10. Kendall v. Visa

    518 F.3d 1042 (9th Cir. 2008)   Cited 580 times   3 Legal Analyses
    Holding that leave to amend would be futile where plaintiff was granted leave to amend once before and the amended complaint contained the same deficiencies as the prior complaint

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,506 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

    15 U.S.C. § 1   Cited 2,932 times   70 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"