§Why CasetextPricing

Borough of Edgewater v. Waterside Construction, Llc et al

BRIEF in Opposition

17 Cited authorities

  1. 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

  2. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,707 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  3. Pinker v. Roche Holdings Ltd.

    292 F.3d 361 (3d Cir. 2002)   Cited 2,422 times
    Holding that in ruling on a Rule 12(b) motion we must accept all of the plaintiff's allegations as true and construct disputed facts in favor of the plaintiff.

  4. In re Insurance Brokerage Antitrust Litigation

    618 F.3d 300 (3d Cir. 2010)   Cited 1,494 times   4 Legal Analyses
    Holding that per se "hub and spoke" theory was not properly pled when complaint detailed specific agreements between multiple insurers and a single broker, but did not allege facts such that the court could infer that the insurers had agreed horizontally to enter into their respective agreements with the broker

  5. California Federal S. L. Assn. v. Guerra

    479 U.S. 272 (1987)   Cited 582 times   3 Legal Analyses
    Holding that the PDA does not pre-empt such statutes

  6. Niagara Mohawk v. Chevron U.S.A

    596 F.3d 112 (2d Cir. 2010)   Cited 175 times   2 Legal Analyses
    Holding that the plaintiff could not proceed under § 107 where a Consent Order between the NYSDEC and the plaintiff had given rise to a contribution claim under § 113

  7. In the Matter of Reading Company

    115 F.3d 1111 (3d Cir. 1997)   Cited 73 times
    Holding that CERCLA Section 113(f) preempts common law contribution claim

  8. E.I. Dupont v. U.S.

    508 F.3d 126 (3d Cir. 2006)   Cited 38 times   1 Legal Analyses
    Concluding that Atlantic Research overruled the Third Circuit's prior holding "that § 113 provided the sole cause of action to PRPs"

  9. MPM Silicones, LLC v. Union Carbide Corp.

    931 F. Supp. 2d 387 (N.D.N.Y. 2013)   Cited 16 times
    Finding that CERCLA does not preempt state law contribution claims for non-CERCLA costs and denying defendant's motion to dismiss plaintiff's claim as preempted under CERCLA

  10. SC Holdings, Inc. v. A.A.A. Realty Co.

    935 F. Supp. 1354 (D.N.J. 1996)   Cited 32 times
    Holding that, where plaintiff "was under a legal duty pursuant to both CERCLA and the Spill Act to remediate the site, . . . its claim for unjust enrichment must be dismissed as a matter of law"

  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. Section 9614 - Relationship to other law

    42 U.S.C. § 9614   Cited 150 times   1 Legal Analyses
    Prohibiting duplicate recovery for the same removal costs