§Why CasetextPricing

Baker v. Springer, Inc.

MEMORANDUM in Opposition re MOTION for Judgment on the Pleadings or in the Alternative, Summary Judgment

17 Cited authorities

  1. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 112,942 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

  2. Westcott v. City of Omaha

    901 F.2d 1486 (8th Cir. 1990)   Cited 1,092 times   1 Legal Analyses
    Holding distinction between Rule 12(b) and Rule 12(c) to be "purely formal" when addressing lack of subject matter jurisdiction

  3. Coleman v. Watt

    40 F.3d 255 (8th Cir. 1994)   Cited 455 times
    Holding that a deprivation must be permanent to be considered a fine for purposes of the Excessive Fines Clause

  4. Dice v. Akron, Canton & Youngstown Railroad

    342 U.S. 359 (1952)   Cited 333 times
    Holding that the statutory right to a jury trial in actions under the Federal Employers' Liability Act (“FELA”) applies in Ohio state court despite a state procedural rule requiring that certain factual questions be decided by the court

  5. Winthrop Resources v. Eaton Hydraulics

    361 F.3d 465 (8th Cir. 2004)   Cited 122 times
    Finding two independent clauses in a contract where the clauses were “separated by a comma and the disjunctive ‘or,’ with no comma before the word ‘which’ in the second clause”

  6. Republic Nat. Life Ins. v. Lorraine Realty

    279 N.W.2d 349 (Minn. 1979)   Cited 117 times
    Holding that subordination agreement was enforceable even though it "lack[ed] specificity" where it had "been in existence for 15 years, where the subordination clause ha[d] been used and relied upon by the parties for 14 years, [and

  7. Huelsman v. Civic Center Corp.

    873 F.2d 1171 (8th Cir. 1989)   Cited 46 times
    Stating that a "dismissal . . . on the pleadings should be `granted sparingly and with caution.'"

  8. West v. Nationwide Credit, Inc.

    998 F. Supp. 642 (W.D.N.C. 1998)   Cited 22 times
    Holding that a debt collector's call to the plaintiff's neighbor, in which the debt collector identified himself, informed the neighbor that he was calling about a "very important" matter, and requested that the plaintiff call him back, was a communication

  9. Pinnacle Pizza Co. v. Little Caesar Enterprises

    395 F. Supp. 2d 891 (D.S.D. 2005)   Cited 14 times
    Denying defendant's motion for judgment on the pleadings and allowing unjust enrichment claim to proceed because the dispute may not have been governed by the parties' contract

  10. Ostendorf v. Arrow Insurance Co.

    288 Minn. 491 (Minn. 1970)   Cited 30 times
    Requiring interpretation of insurance contracts according to plain meaning of words

  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 344,767 times   920 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,160 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,212 times   83 Legal Analyses
    Defining debt collector

  14. Section 1692c - Communication in connection with debt collection

    15 U.S.C. § 1692c   Cited 1,629 times   51 Legal Analyses
    Regulating communications with consumers

  15. Section 1692b - Acquisition of location information

    15 U.S.C. § 1692b   Cited 369 times   3 Legal Analyses
    Governing the acquisition of location information