§Why CasetextPricing

Baker et al v. Healthfusion, Inc. et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion To Dismiss Plaintiffs' Amended Complaint

28 Cited authorities

  1. Knievel v. ESPN

    393 F.3d 1068 (9th Cir. 2005)   Cited 2,427 times   2 Legal Analyses
    Holding that incorporation by reference doctrine extends “to situations in which the plaintiff's claim depends on the contents of a document, the defendant attaches the document to its motion to dismiss, and the parties do not dispute the authenticity of the document, even though the plaintiff does not explicitly allege the contents of that document in the complaint”

  2. Watterson v. Page

    987 F.2d 1 (1st Cir. 1993)   Cited 1,445 times
    Holding that an allegation that a psychologist and a state social worker conspired to present false testimony and withhold material evidence from the court failed because all witnesses at judicial proceedings have an absolute immunity from damages liability based on their testimony

  3. Applied Equipment Corp. v. Litton Saudi Arabia Ltd.

    7 Cal.4th 503 (Cal. 1994)   Cited 1,195 times   5 Legal Analyses
    Holding that there is no separate cause of action for civil conspiracy, and that to establish such an action, a plaintiff must show some other underlying tort or civil wrong

  4. IN RE STAC ELECTRONICS SECURITIES LITIGATION

    89 F.3d 1399 (9th Cir. 1996)   Cited 824 times
    Holding securities section 11 claims sounding in fraud are subject to Rule 9(b) particularity requirements

  5. Reiss v. Financial Performance Corporation

    97 N.Y.2d 195 (N.Y. 2001)   Cited 387 times
    Holding courts "may not by construction add or excise terms, nor distort the meaning of those used and thereby make a new contract for the parties under the guise of interpreting the writing."

  6. Reeves v. Hanlon

    33 Cal.4th 1140 (Cal. 2004)   Cited 307 times   12 Legal Analyses
    Holding "a plaintiff may recover damages for intentional interference with an at-will employment relation under the same California standard applicable to claims for intentional interference with prospective economic advantage"

  7. Blackstone v. Cashman

    448 Mass. 255 (Mass. 2007)   Cited 205 times
    Defining the tort, in the employment context, as interference with "a present or prospective contract or employment relationship"

  8. G.S. Enterprises, Inc. v. Falmouth Marine, Inc.

    410 Mass. 262 (Mass. 1991)   Cited 245 times
    Holding that filing of groundless lawsuit can support claims for intentional interference with contractual relations and for violation of G. L. c. 93A

  9. Rederford v. U.S. Airways

    589 F.3d 30 (1st Cir. 2009)   Cited 133 times   2 Legal Analyses
    Holding that an 2008 ADA suit based upon a termination that occurred prior to the defendant's 2003 bankruptcy was discharged

  10. Deer Park Enterprises, LLC v. Ail Systems, Inc.

    57 A.D.3d 711 (N.Y. App. Div. 2008)   Cited 90 times
    Finding breach of implied covenant of good faith and fair dealing claim duplicative where "the conduct and resulting injury alleged" was identical to breach of contract claims alleged in complaint

  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 361,487 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 94,812 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  13. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 29,183 times   200 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred