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Bobrick Washroom Equipment, Inc. V Scranton Products, Inc.

BRIEF IN SUPPORT - Defendant Scranton Products Inc.s Brief in Support of Partial Motion to Dismiss with Prejudice Plaintiff Bobrick Washroom Equipment, Inc.s Amended Counterclaim re MOTION to Dismiss Defendant Scranton Products Inc.s Partial Motion to Dismiss with Prejudice Plaintiff Bobrick Washroom Equipment, Inc.s Amended Counterclaim

28 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,689 times   279 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 265,662 times   364 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. Connelly v. Lane Constr. Corp.

    809 F.3d 780 (3d Cir. 2016)   Cited 3,641 times   1 Legal Analyses
    Holding that a prima facie case is an evidentiary standard, not a “proper measure of whether a complaint fails to state a claim”

  4. Hutchison ex Rel. Hutchison v. Luddy

    582 Pa. 114 (Pa. 2005)   Cited 379 times   2 Legal Analyses
    Holding a negligence claim may form the basis for a jury award of punitive damages if it finds the requisite state of mind

  5. General Refractories v. Fireman's Fund Ins. Co.

    337 F.3d 297 (3d Cir. 2003)   Cited 319 times
    Holding that a civil conspiracy claim requires a valid underlying tort claim

  6. Donsco, Inc. v. Casper Corp.

    587 F.2d 602 (3d Cir. 1978)   Cited 282 times
    Holding that a corporate officer could be individually liable for unfair competition and false advertising

  7. Boring v. Google Inc.

    362 F. App'x 273 (3d Cir. 2010)   Cited 93 times   1 Legal Analyses
    Holding that plaintiff did not state an unjust enrichment claim upon which relief could be granted where benefit was allegedly taken from plaintiff without permission

  8. Rosen v. American Bank of Rolla

    426 Pa. Super. 376 (Pa. Super. Ct. 1993)   Cited 142 times
    Holding in 1993, which is well after the December 19, 1980 enactment of § 8351, that "[t]he essence of the tort of wrongful use of civil proceedings is the institution of a civil action for a maliciouspurpose and without probable cause"

  9. McGee v. Feege

    517 Pa. 247 (Pa. 1987)   Cited 143 times
    Holding that "seizure or deprivation of property is not an indispensible element of the tort of abuse of process"

  10. Hart v. O'Malley

    436 Pa. Super. 151 (Pa. Super. Ct. 1994)   Cited 108 times
    Referring to "collateral purpose" as "use primarily for a purpose for which the process was not designed"

  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 344,767 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss