§Why CasetextPricing

Automotive Finance Corporation v. DZ Motors, Llc et al

BRIEF in Opposition

32 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 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 276,716 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 17,278 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 22,583 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  5. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,158 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 17,334 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 7,962 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 1,563 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 662 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 357,835 times   950 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 162,084 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 39,880 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 2C:41-1 - Definitions

    N.J. Stat. § 2C:41-1   Cited 295 times
    Designating "fraud in the offering, sale or purchase of securities" as "racketeering activity"

  15. Section 2C:21-1 - Forgery and Related Offenses

    N.J. Stat. § 2C:21-1   Cited 118 times

    a. Forgery. A person is guilty of forgery if, with purpose to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor: (1) Alters or changes any writing of another without his authorization; (2) Makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act or of a fictitious person, or to have been executed at a time or place or in a numbered

  16. Section 2C:21-4 - Falsifying or tampering with records

    N.J. Stat. § 2C:21-4   Cited 82 times
    Criminalizing falsifying or tampering records

  17. Section 2C:21-2.1 - Offenses involving false government documents

    N.J. Stat. § 2C:21-2.1   Cited 26 times

    a. A person who knowingly sells, offers or exposes for sale, or otherwise transfers, or possesses with the intent to sell, offer or expose for sale, or otherwise transfer, a document, printed form or other writing which falsely purports to be a driver's license, birth certificate or other document issued by a governmental agency and which could be used as a means of verifying a person's identity or age or any other personal identifying information is guilty of a crime of the second degree. b. A person

  18. Section 2C:21-4.1 - Destruction, alteration, falsification of records, crime of fourth degree

    N.J. Stat. § 2C:21-4.1   Cited 9 times
    Making it a crime to "falsif[y] any record relating to the care of a medical . . . patient"

  19. Section 2C:21-3 - Frauds relating to public records and recordable instruments

    N.J. Stat. § 2C:21-3   Cited 7 times

    a. Fraudulent destruction, removal or concealment of recordable instruments. A person commits a crime of the third degree if, with purpose to deceive or injure anyone, he destroys, removes or conceals any will, deed, mortgage, security instrument or other writing for which the law provides public recording. b. Offering a false instrument for filing. A person is guilty of a disorderly persons offense when, knowing that a written instrument contains a false statement or false information, he offers

  20. Section 2C:21-4.8 - Motor vehicle title offenses, grading

    N.J. Stat. § 2C:21-4.8   Cited 3 times

    a. A person who purposely or knowingly violates a provision of chapter 10 of Title 39 of the Revised Statutes, for which a specific penalty is not provided in that chapter or this section, shall be guilty of a crime of the fourth degree. b. A person who purposely or knowingly commits the following violations of chapter 10 of Title 39 of the Revised Statutes shall be guilty of a crime of the third degree: (1) Makes a misrepresentation or false statement in any title papers or other papers submitted