§Why CasetextPricing

Bjerke, Peter v. Messerli & Kramer, P.A. et al

Brief in Support of 8 Motion to Dismiss

56 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,746 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

  3. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,465 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  4. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 8,037 times   4 Legal Analyses
    Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

  5. Morse v. Lower Merion School District

    132 F.3d 902 (3d Cir. 1997)   Cited 6,357 times   2 Legal Analyses
    Holding that because "the notion of deliberate indifference contemplates a danger that must at least be foreseeable," defendant cannot be said to have ignored a foreseeable risk or danger if plaintiff has not shown the existence of such a risk

  6. Airborne v. AT&T

    499 F.3d 663 (7th Cir. 2007)   Cited 865 times
    Finding that defendant suffered real prejudice by endless amendments and motion practice regarding the complaint

  7. City of Pittsburgh v. West Penn Power Comp

    147 F.3d 256 (3d Cir. 1998)   Cited 910 times
    Holding action that did not lessen competition in a "marketplace" was not antitrust injury

  8. Westcott v. City of Omaha

    901 F.2d 1486 (8th Cir. 1990)   Cited 1,122 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

  9. Levy v. Ohl

    477 F.3d 988 (8th Cir. 2007)   Cited 610 times
    Holding that the district court did not err in relying on a state court dismissal in reviewing a motion to dismiss; noting that "[s]ome materials that are part of the public record or do not contradict the complaint may be considered by a court in deciding a Rule 12(b) motion" and that "[i]n Missouri, as in other states, court records are public records."

  10. Hanten v. the School District, Riverview GDNS

    183 F.3d 799 (8th Cir. 1999)   Cited 528 times   1 Legal Analyses
    Finding that a one-sided expectation of a subcontractor award was insufficient to create a property interest

  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 361,353 times   960 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 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,202 times   66 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices

  14. Section 812.32 - Earnings garnishment generally

    Wis. Stat. § 812.32   Cited 2 times

    Earnings garnishment is an action to collect an unsatisfied civil judgment for money damages plus statutory interest and costs, from earnings payable by the garnishee to the debtor. Wis. Stat. § 812.32 1993 a. 80. 1993 Wis. Act 80 contains judicial council notes. How Do Creditors, Debtors and Overburdened Small Claims Courts Get Relief? 1993 Wisconsin Act 80. Fullin. Wis. Law. March 1994.