§Why CasetextPricing

Automotive Finance Corporation v. DZ Motors, Llc et al

BRIEF in Opposition

25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 279,746 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. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 17,445 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

  4. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,694 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  5. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,319 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  6. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,465 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  7. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 8,037 times   4 Legal Analyses
    Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

  8. Mills v. Polar Molecular Corp.

    12 F.3d 1170 (2d Cir. 1993)   Cited 1,568 times   1 Legal Analyses
    Holding that fraudulent intent could not be inferred from the defendant entering multiple contracts with a plaintiff and not performing on any of them since "[c]ontractual breach, in and of itself, does not bespeak fraud"

  9. Glassman v. Computervision Corp.

    90 F.3d 617 (1st Cir. 1996)   Cited 668 times
    Holding that a motion to amend should be denied as futile if “the complaint, as amended, would fail to state a claim upon which relief could be granted.”

  10. Angelastro v. Prudential-Bache Securities, Inc.

    764 F.2d 939 (3d Cir. 1985)   Cited 727 times
    Holding that plaintiff stated a Section 10(b) claim by alleging that her broker's misstatements concerning her margin account interest rate induced her to buy securities on margin

  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 361,353 times   960 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 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,114 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 12A:1-201 - General definitions

    N.J. Stat. § 12A:1-201   Cited 172 times
    Describing language as conspicuous if it is in larger or contrasting type