§Why CasetextPricing

Alliance of Automotive Service Providers, Inc. et al v. State Farm Mutual Auto Insurance Company, et al

MOTION to Dismiss the 109 Amended Complaint

7 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 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. American Dental Assoc. v. Cigna Corp.

    605 F.3d 1283 (11th Cir. 2010)   Cited 1,603 times
    Holding that the district court properly dismissed plaintiffs' § 1962(c) claims because plaintiffs had not sufficiently pled the acts of mail and wire fraud alleged to form a pattern of racketeering activity

  3. Elevator Antitrust v. United Tech

    502 F.3d 47 (2d Cir. 2007)   Cited 816 times   3 Legal Analyses
    Holding that allegations of conspiratorial activity “in entirely general terms without any specification of any particular activities by any particular defendant ... was nothing more than a list of theoretical possibilities, which one could postulate without knowing any facts whatever”

  4. City of Tuscaloosa v. Harcros Chemicals, Inc.

    158 F.3d 548 (11th Cir. 1998)   Cited 757 times
    Holding that courts should avoid "the confusion and conflation of admissibility issues with issues regarding the sufficiency of [a party's] evidence"

  5. Animal Sci. Prods., Inc. v. China Nat'l Metals & Minerals Imp. & Exp. Corp.

    596 F. Supp. 2d 842 (D.N.J. 2008)   Cited 206 times
    Concluding that plaintiff's complaint failed to establish subject matter jurisdiction and thus "granting [p]laintiff's motion for default judgment would be wholly inappropriate"

  6. Cellco P'ship v. Hope

    No. CV11-0432 PHX DGC (D. Ariz. Mar. 6, 2012)

    No. CV11-0432 PHX DGC 03-06-2012 Cellco Partnership doing business as Verizon Wireless, Plaintiff, v. Jason Hope, et al., Defendants. David G. Campbell ORDER Defendants (collectively "JAWA") filed a motion for reconsideration of a limited portion of the Court's January 30, 2012 order in which the Court dismissed eight of JAWA's counterclaims. Doc. 284; see Doc. 273. Pursuant to the Court's order (Doc. 286), Plaintiff filed a response (Doc. 290). JAWA asks the Court to reinstate its Sherman Act claim

  7. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."