§Why CasetextPricing

Blaszkowski et al v. Mars Inc. et al

REPLY to Response to Motion re Defendant's MOTION to Dismiss 333 Amended Complaint

80 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 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

  2. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 63,493 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  3. Artuz v. Bennett

    531 U.S. 4 (2000)   Cited 3,771 times   3 Legal Analyses
    Holding that a state post-conviction action is "properly filed" for § 2244(d) purposes "when its delivery and acceptance are in compliance with the applicable laws and rules governing filings," such as "the form of the document, the time limits upon its delivery, the court and office in which it must be lodged, and the requisite filing fee" (footnote omitted)

  4. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 12,061 times   15 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  5. Federal Election Comm'n v. Akins

    524 U.S. 11 (1998)   Cited 794 times   16 Legal Analyses
    Holding that inability to procure information to which Congress has created a right in the Federal Election Campaign Act of 1971 qualifies as concrete injury satisfying Article III's standing requirement

  6. Gwaltney v. Chesapeake Bay Foundation

    484 U.S. 49 (1987)   Cited 961 times   11 Legal Analyses
    Holding that jurisdiction is established "when the citizen-plaintiffs make a good-faith allegation of continuous or intermittent violation"

  7. Brooks v. Blue Cross & Blue Shield of Florida, Inc.

    116 F.3d 1364 (11th Cir. 1997)   Cited 1,944 times
    Holding that employees "who have not suffered an injury in that they have been covered by Medicare for the medical care they have received retain a sufficient interest in this action for purposes of the Constitutional 'case or controversy' requirement"

  8. Financial Sec. v. Stephens, Inc.

    500 F.3d 1276 (11th Cir. 2007)   Cited 626 times
    Holding that it is appropriate to consider a document attached to a motion to dismiss when "a plaintiff refers to a document in its complaint, the document is central to its claim, its contents are not in dispute, and the defendant attaches the document to its motion to dismiss"

  9. Seville Indus Machinery v. Southmost Machinery

    742 F.2d 786 (3d Cir. 1984)   Cited 1,176 times
    Holding that Rule 9(b) does not requires a plaintiff to plead date, place, or time of alleged fraud

  10. Focus on the Family v. Pinellas Suncoast Transit Auth.

    344 F.3d 1263 (11th Cir. 2003)   Cited 561 times
    Holding standing established at time complaint is filed

  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 354,229 times   943 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 160,289 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. Section Amendment I - Religion and Expression

    U.S. Const. amend. I   Cited 7,272 times   3 Legal Analyses
    Recognizing the "right to petition the Government for redress of grievances"

  14. Section 301 - Short title

    21 U.S.C. § 301   Cited 2,441 times   48 Legal Analyses

    This chapter may be cited as the Federal Food, Drug, and Cosmetic Act. 21 U.S.C. § 301 June 25, 1938, ch. 675, §1, 52 Stat. 1040. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES Act June 23, 1939, ch. 242, §§1, 2, 53 Stat. 853, 854, provided that:"[SEC. 1] (a) The effective date of the following provisions of the Federal Food, Drug, and Cosmetic Act is hereby postponed until January 1, 1940: Sections 402(c) [342(c) of this title]; 403(e)(1) [343(e)(1) of this

  15. Section 501.212 - Application

    Fla. Stat. § 501.212   Cited 161 times   8 Legal Analyses
    Disallowing " claim for personal injury or death or a claim to property other than the property that is the subject of the consumer transaction."

  16. Section 570.07 - Department of Agriculture and Consumer Services; functions, powers, and duties

    Fla. Stat. § 570.07   Cited 6 times

    The department shall have and exercise the following functions, powers, and duties: (1) To inquire into the needs of agriculture in the state and make appropriate recommendations to the Governor and the Legislature, except for those functions specifically assigned under state law to other state agencies. (2) To perform all regulatory and inspection services relating to agriculture except agricultural education, demonstration, research, and those regulatory functions assigned by law to other state

  17. Section 4 - Department of agriculture and markets

    N.Y. Agric. & Mkts. Law § 4   Cited 1 times

    There shall continue to be in the state government a department of agriculture and markets. N.Y. Agric. and Mkts.Law § 4

  18. Section 5 - Commissioner of agriculture and markets

    N.Y. Agric. & Mkts. Law § 5

    The head of the department of agriculture and markets shall be the commissioner of agriculture and markets, who shall be appointed by the governor, by and with the advice and consent of the senate, and hold office until the end of the term of the governor by whom he was appointed, and until his successor is appointed and has qualified. He shall be a person qualified by training and experience for the duties of his office. Subject to removal by the governor, the commissioner of agriculture and markets

  19. Section 580.091 - Inspection; sampling; analysis; exemption

    Fla. Stat. § 580.091

    (1) (a) The department may inspect, sample, or analyze commercial feed and feedstuff to ascertain compliance with this chapter and rules adopted pursuant to this chapter. (b) The department is authorized to enter upon any public or business premises and any transport vehicle during regular business hours in order to have access to commercial feed or feedstuff and records relating to its origin, transport, manufacture, distribution, and sale. (2) All registrants must have samples of their feed and

  20. Section 570.01 - Department created; commissioner

    Fla. Stat. § 570.01

    There is hereby created a department of the government of this state to be known as the "Department of Agriculture and Consumer Services." The affairs of the department shall be transacted under the control of the Commissioner of Agriculture. Fla. Stat. § 570.01 s. 1, ch. 59-54; ss. 14, 35, ch. 69-106. Chapter 570 parts added by 2014 Fla. Laws, ch. 150, s 1, eff. 7/1/2014.