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Board of Trustees of the Galveston Wharves et al v. Trelleborg AB et al

REPLY in support of MOTION to Dismiss Consolidated Amended Class Action Complaint as to Defendants Maritime International, Inc. and John Deats 153

17 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,100 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 280,127 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. Moss v. U.S. Secret Service

    572 F.3d 962 (9th Cir. 2009)   Cited 8,959 times
    Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

  4. Monsanto Co. v. Spray-Rite Service Corp.

    465 U.S. 752 (1984)   Cited 1,199 times   21 Legal Analyses
    Holding that a plaintiff in a vertical price-fixing case must produce evidence which "tends to exclude the possibility of independent action"

  5. Total Benefits Planning v. Anthem Blue Cross

    552 F.3d 430 (6th Cir. 2008)   Cited 1,086 times   2 Legal Analyses
    Affirming dismissal of complaint that defendants conspired to defame and libel plaintiffs because allegations offered “no factual description of the substance of the statements or who made the statements that ‘defamed and libeled,’ ‘coerced and threatened,’ and ‘blacklisted’ Plaintiffs”

  6. Schneider v. California Department of Corr

    151 F.3d 1194 (9th Cir. 1998)   Cited 1,386 times   1 Legal Analyses
    Holding inmates “possess a constitutionally cognizable property interest” in the interest earned on money held in their prison accounts

  7. Elevator Antitrust v. United Tech

    502 F.3d 47 (2d Cir. 2007)   Cited 828 times   3 Legal Analyses
    Holding that allegations of conspiratorial activity “in entirely general terms without any specification of any particular activities by any particular defendant ... was nothing more than a list of theoretical possibilities, which one could postulate without knowing any facts whatever”

  8. Kendall v. Visa

    518 F.3d 1042 (9th Cir. 2008)   Cited 600 times   3 Legal Analyses
    Holding that leave to amend would be futile where plaintiff was granted leave to amend once before and the amended complaint contained the same deficiencies as the prior complaint

  9. Guerrero v. Gates

    442 F.3d 697 (9th Cir. 2006)   Cited 492 times   1 Legal Analyses
    Holding that the plaintiff could not “now use his failure timely to pursue habeas remedies as a shield against the implications of Heck ”

  10. Santa Maria v. Pacific Bell

    202 F.3d 1170 (9th Cir. 2000)   Cited 582 times
    Holding that undisputed facts yield a legal question

  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 361,853 times   961 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 164,069 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. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,154 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 3,260 times   78 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"