§Why CasetextPricing

Androscoggin Valley Regional Refuse Disposal District v. R.H. White Construction Co., Inc.

MOTION to Dismiss for Failure to State a Claim as to Count II and Part of Count III of Sanborn Head & Associates' Counterclaim

30 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 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 280,791 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. In re Colonial Mortgage Bankers Corp.

    324 F.3d 12 (1st Cir. 2003)   Cited 478 times
    Holding that a judge may dismiss a case based on the affirmative defense of claim preclusion if the defense is disclosed in “the complaint, the documents (if any) incorporated therein, matters of public record, and other matters of which the court may take judicial notice”; and (b) “the facts so gleaned ... conclusively establish the ... defense”

  4. United States ex rel. Karvelas v. Melrose-Wakefield Hospital

    360 F.3d 220 (1st Cir. 2004)   Cited 376 times   4 Legal Analyses
    Holding that protected conduct is "conduct that reasonably could lead to a viable FCA action"

  5. Arruda v. Sears, Roebuck Co.

    310 F.3d 13 (1st Cir. 2002)   Cited 163 times
    Holding plaintiff to this standard in a bankruptcy action

  6. Axenics, Inc. v. Turner Constr. Co.

    164 N.H. 659 (N.H. 2013)   Cited 70 times
    Holding that the spirit of Rule 408 supported the exclusion of internal memoranda concerning settlement contributions

  7. U.S. East Tel. v. U.S. West Commun

    38 F.3d 1289 (2d Cir. 1994)   Cited 105 times
    Finding quasi-contract liability in light of defendant's promise to plaintiff that it would "get paid"

  8. Servewell Plumbing v. Summit Contractors

    362 Ark. 598 (Ark. 2005)   Cited 58 times
    Finding that existence of express contract precludes recovery in quasi-contract "for events arising out of the same subject matter"

  9. Fidelity Dep., Maryland v. Bristol Steel

    722 F.2d 1160 (4th Cir. 1983)   Cited 88 times
    Holding Fidelity’s indemnification and exoneration rights were determined by the "letter of [its] contract" rather than "general ‘indemnity principles’ "

  10. Fireman's Ins. of Newark v. Todesca Equipment

    310 F.3d 32 (1st Cir. 2002)   Cited 26 times   1 Legal Analyses
    Holding that indemnity agreement gave surety broad latitude to resolve claims on behalf of its principals

  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 362,607 times   962 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 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."