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Apple American Group, Llc v. Gbc Design, Inc.

BRIEF in Opposition re Motion to Dismiss for Failure to State a Claim

24 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,865 times   367 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' "

  2. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,935 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  3. Connelly v. Lane Constr. Corp.

    809 F.3d 780 (3d Cir. 2016)   Cited 3,739 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”

  4. Gould Elecs. Inc. v. U.S.

    220 F.3d 169 (3d Cir. 2000)   Cited 2,643 times   1 Legal Analyses
    Holding that the phrase "law of the place" in the sixth prong of § 1346(b) is jurisdictional

  5. Semerenko v. Cendant Corp.

    223 F.3d 165 (3d Cir. 2000)   Cited 631 times   1 Legal Analyses
    Holding that securities fraud plaintiffs could not prove reasonable reliance on financial statements after they were informed that the statements contained accounting irregularities

  6. Bruno v. Erie Ins. Co.

    106 A.3d 48 (Pa. 2014)   Cited 387 times   4 Legal Analyses
    Holding that the claim was not barred, in part, because it was not founded on the breach of any specific executory promise contained in the contract

  7. Farabaugh v. Pa. Turnpike

    590 Pa. 46 (Pa. 2006)   Cited 142 times   1 Legal Analyses
    Holding that a landowner did not owe a duty to an independent contractor's employee under § 343 because the contractor "was fully aware of the potential, non-obvious danger"

  8. Andrulonis v. U.S.

    26 F.3d 1224 (2d Cir. 1994)   Cited 147 times
    Holding federal impleader rule permits defendant to implead a joint tortfeasor for contribution before the right to contribution accrues because third party may be liable to defendant for share of plaintiff's primary judgment

  9. Salvio v. Amgen, Inc.

    810 F. Supp. 2d 745 (W.D. Pa. 2011)   Cited 41 times   3 Legal Analyses
    Finding causation inadequately pled where plaintiff, inter alia, "failed to provide any facts about how the change in the 'black box' warning affected her choice to either continue taking [the medication], or stop taking it"

  10. EQT Prod. Co. v. Terra Servs., LLC

    179 F. Supp. 3d 486 (W.D. Pa. 2016)   Cited 34 times
    Finding liability was contractual in nature where the contract stated the work would be performed in a "workmanlike" and "safe" manner

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,557 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 14 - Third-Party Practice

    Fed. R. Civ. P. 14   Cited 3,648 times   10 Legal Analyses
    Striking improper third-party claim is appropriate remedy

  13. Section 8322 - Definition

    42 Pa. C.S. § 8322   Cited 87 times
    Defining "joint tortfeasors" as "two or more persons jointly or severally liable in tort for the same injury to persons or property."