OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case FCA US LLC' s Notice of Motion and Motion to Dismiss Class Action Complaint; Memorandum of Points and Authorities in Support 28 PLAINTIFFS' OPPOSITION TO DEFENDANT FCA US LLCS MOTION TO DISMISS
568 U.S. 398 (2013) Cited 3,299 times 169 Legal Analyses
Holding that, in the absence of some independent existing or impending harm, plaintiffs "cannot manufacture standing merely by inflicting harm on themselves"
555 U.S. 488 (2009) Cited 3,133 times 12 Legal Analyses
Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"
Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff
Holding that the district court abused its discretion because "[d]ismissal with prejudice and without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment"
Holding that, "under Section 12 of the Clayton Act, the existence of personal jurisdiction over an antitrust defendant does not depend upon there being proper venue in that court"
Fed. R. Civ. P. 15 Cited 93,811 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