MEMORANDUM in Opposition re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Plaintiff's Memorandum Of Law In Opposition to Defendants' Motion To Dismiss -
550 U.S. 544 (2007) Cited 276,716 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Holding that where there were variations in state laws precluding a single class of doctors alleging breaches of contract by health maintenance organizations that systematically underpaid physicians for their services, subclasses could be certified covering class members applying the same legal standards
Holding that a judge may dismiss a case based on the affirmative defense of claim preclusion if the defense is disclosed in “the complaint, the documents (if any) incorporated therein, matters of public record, and other matters of which the court may take judicial notice”; and (b) “the facts so gleaned ... conclusively establish the ... defense”
Holding that the court may consider a document "integral to or explicitly relied upon in the complaint, even though not attached to the complaint" (quoting Shaw v. Digit. Equip. Corp., 82 F.3d 1194, 1220 (1st Cir. 1996) )
Holding that conduct is actionably “deceptive when it has the capacity to mislead consumers, acting reasonably under the circumstances, to act differently from the way they otherwise would have acted (i.e., to entice a reasonable consumer to purchase the product)”
Holding Massachusetts' Consumer Protection Act “is available only to a consumer, that is, a ‘person who purchases or leases goods . . . for personal, family or household purposes'”
Fed. R. Civ. P. 15 Cited 93,795 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
Mass. Gen. Laws ch. 266 § 91 Cited 35 times 1 Legal Analyses
Prohibiting "untrue, deceptive or misleading" statements of fact in "an advertisement of any sort regarding merchandise, securities, service or anything so offered to the public"