§Why CasetextPricing

Beyer Laser Center et al v. Polomsky

MOTION to Dismiss for Failure to State a Claim

35 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,951 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,707 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' "

  3. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,283 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

  4. Trierweiler v. Croxton Trench Holding Corp.

    90 F.3d 1523 (10th Cir. 1996)   Cited 496 times
    Holding the transferee court's choice of law rules apply if the transferor court lacked personal jurisdiction "even when the case was transferred under 28 U.S.C. § 1404 — purportedly for convenience — rather than 28 U.S.C. § 1406 — for improper venue — so long as the transfer did in fact cure a jurisdictional defect."

  5. Credit Suisse Securities (USA) LLC v. Simmonds

    566 U.S. 221 (2012)   Cited 97 times
    Recognizing "long standing" principles of equitable tolling but rejecting plaintiff's tolling claim for suit brought under § 16(b) of the Exchange Act

  6. Grynberg v. Total S.A

    538 F.3d 1336 (10th Cir. 2008)   Cited 276 times
    Finding there was no practical difference between a tort claim for breach of fiduciary duty seeking disgorgement of profits or property and an unjust enrichment claim asserting that the enrichment was unjust because it was accomplished through a breach of fiduciary duty

  7. Rhino Linings USA, Inc. v. Rocky Mountain Rhino Lining, Inc.

    62 P.3d 142 (Colo. 2003)   Cited 238 times
    Finding that a developer's widespread advertisements of untrue facts had a significant public impact

  8. Jordan-Arapahoe v. B.O.C. Cty of Arapahoe

    633 F.3d 1022 (10th Cir. 2011)   Cited 120 times
    Rejecting due-process challenge to zoning decision that prevented plaintiffs from developing land as a car dealership

  9. Nelson v. State Farm Mut. Auto. Ins. Co.

    419 F.3d 1117 (10th Cir. 2005)   Cited 113 times
    Holding plaintiff knew at least by the last date of payment under basic PIP policy that he was not receiving extended PIP benefits

  10. Combs v. Pricewaterhousecoopers LLP

    382 F.3d 1196 (10th Cir. 2004)   Cited 75 times
    Affirming the denial of relief from judgment to amend where the movant "offer[ed] no new evidence as grounds for the amendment."

  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 348,231 times   929 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 157,459 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 13 - Counterclaim and Crossclaim

    Fed. R. Civ. P. 13   Cited 4,939 times   21 Legal Analyses
    Determining whether counterclaims are compulsory

  14. Section 13-80-102 - General limitation of actions - two years

    Colo. Rev. Stat. § 13-80-102   Cited 408 times   1 Legal Analyses
    Providing the general limitation for personal injury claims in Colorado is two years from when the action accrues

  15. Section 13-80-101 - General limitation of actions - three years

    Colo. Rev. Stat. § 13-80-101   Cited 221 times
    Stating that "[a]ll contract actions" must be commenced "within three years after the cause of action accrues, and not thereafter"

  16. Section 13-80-108 - When a cause of action accrues

    Colo. Rev. Stat. § 13-80-108   Cited 207 times   3 Legal Analyses
    Explaining when a cause of action accrues for bodily injury arising out of the use of a motor vehicle

  17. Section 13-80-109 - Limitations apply to noncompulsory counterclaims and setoffs

    Colo. Rev. Stat. § 13-80-109   Cited 14 times
    Allowing otherwise untimely counterclaims to be asserted if the counterclaim was a compulsory one, i.e. that arises out of the transaction or occurrence that is the subject matter of the opposing party's claim