§Why CasetextPricing

Beltran v. Noonan et al

BRIEF in Opposition to 327 Joint MOTION to Strike Repudiated Allegations and for Leave to File Reconstituted Motion to Dismiss Antitrust Claim, and Incorporated Memorandum

10 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,937 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. Williamson v. United States

    512 U.S. 594 (1994)   Cited 860 times   8 Legal Analyses
    Holding that Rule 804(b) "does not allow admission of non-self-inculpatory statements, even if they are made within a broader narrative that is generally self-inculpatory"

  3. In re High Fructose Corn Syrup Antitrust Litigation

    295 F.3d 651 (7th Cir. 2002)   Cited 247 times   2 Legal Analyses
    Holding that fixing a “list price” would constitute a per se antitrust violation even if the list price was only a “guide to likely transaction purchases”

  4. Sierra Club v. Tri-State Generation and Transmission Ass'n, Inc.

    173 F.R.D. 275 (D. Colo. 1997)   Cited 137 times
    Holding that 40 C.F.R. § 54.3(b) does not require a plaintiff to cite the specific standard, limitation, or order it alleges a defendant violated and instead "defines sufficient notice as enough information to enable the recipients to identify the specific standard, limitation, or order at issue and the dates on which the alleged violations occurred"

  5. Evergreen Partnering Grp., Inc. v. Pactiv Corp.

    720 F.3d 33 (1st Cir. 2013)   Cited 81 times   1 Legal Analyses
    Finding a plus factor where defendants acted against their independent interests by uniformly refusing to adopt a policy "standard in the industry" and would have "resulted in a higher volume of customer sales due to the attractiveness of potential savings and environmental benefits"

  6. Sierra Club v. Young Life Campaign Inc.

    176 F. Supp. 2d 1070 (D. Colo. 2001)   Cited 39 times
    Accepting general allegations of causation and redressability at the pleading stage

  7. Beltran v. InterExchange, Inc.

    176 F. Supp. 3d 1066 (D. Colo. 2016)   Cited 11 times
    Upholding antitrust conspiracy claims and FLSA claims brought in same complaint

  8. Beltran v. InterExchange, Inc.

    Civil Action No. 14-cv-03074-CMA-KMT (D. Colo. Nov. 16, 2015)   Cited 1 times

    Civil Action No. 14-cv-03074-CMA-KMT 11-16-2015 JOHANA PAOLA BELTRAN, LUSAPHO HLATSHANENI, BEAUDETTE DEETLEFS, DAYANNA PAOLA CARDENAS CAICEDO, and ALEXANDRA IVETTE GONZALEZ, Plaintiffs, v. INTEREXCHANGE, INC, USAUPAIR, INC., GREAT AUPAIR, LLC, EXPERT GROUP INTERNATIONAL INC., d/b/a Expert AuPair, EURAUPAIR INTERCULTURAL CHILD CARE PROGRAMS, CULTURAL HOMSTAY INTERNATIONAL, CULTURAL CARE, INC. d/b/a Cultural Care Au Pair, AUPAIRCARE INC., AU PAIR INTERNATIONAL, INC., APF GLOBAL EXCHANGE, NFP, d/b/a

  9. 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 351,086 times   937 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  10. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,480 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system