§Why CasetextPricing

Alaska Electrical Pension Fund v. Bank Of America Corporation et al

MEMORANDUM OF LAW in Opposition re: 172 JOINT MOTION to Dismiss the Consolidated Amended Class Action Complaint. . Document

139 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,823 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.

    429 U.S. 477 (1977)   Cited 2,090 times   20 Legal Analyses
    Holding that mere economic loss does not amount to an antitrust injury under the antitrust laws

  3. Atlantic Richfield Co. v. USA Petroleum Co.

    495 U.S. 328 (1990)   Cited 851 times   6 Legal Analyses
    Holding that an antitrust injury is an injury that is "attributable to an anti-competitive aspect of the practice under scrutiny"

  4. Verizon Comm. v. Law Offices of Trinko

    540 U.S. 398 (2004)   Cited 522 times   60 Legal Analyses
    Holding even a monopolist has no duty to cooperate with rivals

  5. Leegin Creative Leather Products, Inc. v. PSKS, Inc.

    551 U.S. 877 (2007)   Cited 468 times   77 Legal Analyses
    Holding that the rule of reason rather than per se illegality applies to vertical price restraints

  6. Reiter v. Sonotone Corp.

    442 U.S. 330 (1979)   Cited 1,173 times   7 Legal Analyses
    Holding that "injury to business or property" was not limited to commercial interests

  7. 511 West 232nd Owners Corp. v. Jennifer Realty Co.

    98 N.Y.2d 144 (N.Y. 2002)   Cited 2,164 times   2 Legal Analyses
    Holding that the plaintiffs sufficiently pled a breach of the implied covenant of good faith and fair dealing by alleging that the defendant, which contracted to convert its building into a cooperative, rejected bona fide purchase offers from prospective tenants

  8. Klehr v. A. O. Smith Corp.

    521 U.S. 179 (1997)   Cited 550 times   3 Legal Analyses
    Holding that "reasonable diligence" was required to invoke the doctrine of fraudulent concealment in the context of civil RICO by analogy to antitrust cases

  9. Corsello v. Verizon N.Y., Inc.

    2012 N.Y. Slip Op. 2343 (N.Y. 2012)   Cited 1,000 times
    Holding that "[t]o the extent that these claims succeed, the unjust enrichment claim is duplicative; if plaintiffs' other claims are defective, an unjust enrichment claim cannot remedy the defects"

  10. Kramer v. Time Warner Inc.

    937 F.2d 767 (2d Cir. 1991)   Cited 2,039 times   1 Legal Analyses
    Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,144 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 93,811 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,440 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."