§Why CasetextPricing

Alpine Straightening Systems et al v. State Farm Mutual Automobile Insurance Company et al

MOTION to Dismiss First Amended Complaint

71 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,896 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,933 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

  3. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 115,638 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

  4. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,221 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  5. Burtch v. Milberg Factors, Inc.

    662 F.3d 212 (3d Cir. 2011)   Cited 2,305 times
    Holding that direct evidence of a conspiracy was lacking where the complaint's allegations did not "specify a time or place that any actual agreement to fix credit terms occurred, [or] ...indicate that any particular individuals or [organizations] made such an agreement"

  6. Monsanto Co. v. Spray-Rite Service Corp.

    465 U.S. 752 (1984)   Cited 1,199 times   21 Legal Analyses
    Holding that a plaintiff in a vertical price-fixing case must produce evidence which "tends to exclude the possibility of independent action"

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

    551 U.S. 877 (2007)   Cited 471 times   78 Legal Analyses
    Holding that the rule of reason rather than per se illegality applies to vertical price restraints

  8. In re Insurance Brokerage Antitrust Litigation

    618 F.3d 300 (3d Cir. 2010)   Cited 1,491 times   4 Legal Analyses
    Holding that per se "hub and spoke" theory was not properly pled when complaint detailed specific agreements between multiple insurers and a single broker, but did not allege facts such that the court could infer that the insurers had agreed horizontally to enter into their respective agreements with the broker

  9. Continental T. V., Inc. v. GTE Sylvania Inc.

    433 U.S. 36 (1977)   Cited 994 times   17 Legal Analyses
    Holding that vertical nonprice restraints are subject to the rule of reason

  10. Aspen Skiing Co. v. Aspen Highlands Skiing Corp.

    472 U.S. 585 (1985)   Cited 618 times   34 Legal Analyses
    Holding that predatory conduct to attain or preserve a monopoly is a prerequisite to a finding of monopolization or attempted monopolization

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,952 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,136 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Rule 401 - Test for Relevant Evidence

    Fed. R. Evid. 401   Cited 13,972 times   36 Legal Analyses
    Stating that evidence is relevant at trial if "it has any tendency to make a fact" that "is of consequence" to the "determin[ation] [of] the action" any "more or less probable"

  14. Rule 104 - Preliminary Questions

    Fed. R. Evid. 104   Cited 3,438 times   13 Legal Analyses
    Noting that, in making preliminary determinations relevant to admissibility, "the court is not bound by evidence rules, except those on privilege"

  15. Section R590-190-11 - Standards for Prompt, Fair, and Equitable Settlement for Automobile Insurance

    Utah Admin. Code 590-190-11

    (1) If an automobile insurance policy provides for an adjustment and settlement of a total loss for a first party claimant based on actual cash value or replacement with another automobile of like kind and quality, one of the methods in this Subsection (1) shall apply. (a) (i) An insurer may offer a replacement automobile that is comparable to the insured's automobile, with all applicable taxes, license fees, and transfer of ownership fees paid, at no cost, less any deductible provided in the policy;

  16. Section R590-190-12 - Unfair Claim Settlement Practices for Automobile Insurance

    Utah Admin. Code 590-190-12

    The commissioner finds the following acts to be misleading, deceptive, unfairly discriminatory, overreaching, or an unreasonable restraint on competition in settling a claim: (1) settling a claim for an amount that is less than the amount the insurer would be charged if repairs were made, unless the amount is agreed to by the claimant or provided for by the policy; (2) refusing to settle a claim based solely upon a police agency issuing or failing to issue a traffic citation; (3) failing to disclose