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Brandywine Village Associates v. Carlino East Brandywine, L.P. et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF SUBJECT MATTER JURISDICTION

36 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 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. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,081 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  3. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,029 times   33 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  4. Santiago v. Warminster Township

    629 F.3d 121 (3d Cir. 2010)   Cited 4,209 times   1 Legal Analyses
    Holding that the Court should disregard "'naked assertions devoid of further factual enhancement' and 'threadbare recitals of the elements of a cause of action, supported by mere conclusory statements.'" (quoting Iqbal, 556 U.S. at 678)

  5. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.

    429 U.S. 477 (1977)   Cited 2,063 times   20 Legal Analyses
    Holding that mere economic loss does not amount to an antitrust injury under the antitrust laws

  6. Eastern R. Conf. v. Noerr Motors

    365 U.S. 127 (1961)   Cited 1,886 times   24 Legal Analyses
    Holding that antitrust laws do not apply to businesses combining to lobby the government, even where such conduct has an anticompetitive purpose and an anticompetitive effect, because the alternative "would raise important constitutional questions" under the First Amendment

  7. Ware v. Rodale Press, Inc.

    322 F.3d 218 (3d Cir. 2003)   Cited 1,234 times
    Holding that "irremediable harm" is not required

  8. Blue Shield of Virginia v. McCready

    457 U.S. 465 (1982)   Cited 605 times   10 Legal Analyses
    Holding that plaintiff had suffered antitrust injury because although she was not a competitor or customer of defendants, her injury was "inextricably intertwined" with the injury defendants sought to inflict on their target market

  9. France v. Abbott Labs.

    707 F.3d 223 (3d Cir. 2013)   Cited 477 times   3 Legal Analyses
    Describing antitrust standing as a prudential limitation that “does not affect the subject matter jurisdiction of the court, as Article III standing does”

  10. Corestates Bank, N.A., v. Cutillo

    723 A.2d 1053 (Pa. Super. Ct. 1999)   Cited 550 times
    Holding that a cause of action for breach of contract must be established by demonstrating " the existence of a contract, including its essential terms, a breach of a duty imposed by the contract and resultant damages"

  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 345,805 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,274 times   320 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  13. Section 2283 - Stay of State court proceedings

    28 U.S.C. § 2283   Cited 4,041 times   18 Legal Analyses
    Restricting power of federal courts to enjoin state-court proceedings