§Why CasetextPricing

Aegis Security Insurance Company v. Kingsway Financial Services, Inc.

BRIEF IN OPPOSITION re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

20 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 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 266,697 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 61,666 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. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,766 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  5. Foman v. Davis

    371 U.S. 178 (1962)   Cited 28,629 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

  6. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,825 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  7. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,087 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  8. Connelly v. Lane Constr. Corp.

    809 F.3d 780 (3d Cir. 2016)   Cited 3,674 times   1 Legal Analyses
    Holding that a prima facie case is an evidentiary standard, not a “proper measure of whether a complaint fails to state a claim”

  9. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 7,651 times   4 Legal Analyses
    Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

  10. Malleus v. George

    641 F.3d 560 (3d Cir. 2011)   Cited 2,627 times   1 Legal Analyses
    Holding inquiry is normally broken into three parts: identifying the elements of a claim, reviewing the complaint to strike conclusory allegations, and then looking at the well-pleaded components of the complaint and evaluating whether all of the elements identified in part one of the inquiry are sufficiently alleged.

  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 345,982 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 156,250 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. Section 7541 - Construction of subchapter

    42 Pa. C.S. § 7541   Cited 171 times
    Relating to effect of alternative remedy