§Why CasetextPricing

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

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM CORRECTED Memorandum of Law

40 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,542 times   365 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' "

  2. 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

  3. 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

  4. Burtch v. Milberg Factors, Inc.

    662 F.3d 212 (3d Cir. 2011)   Cited 2,111 times
    Holding that direct evidence of a conspiracy was lacking where the complaint's allegations did not "specify a time or place that any actual agreement to fix credit terms occurred, [or] ...indicate that any particular individuals or [organizations] made such an agreement"

  5. In re Insurance Brokerage Antitrust Litigation

    618 F.3d 300 (3d Cir. 2010)   Cited 1,460 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

  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. Columbia v. Omni Outdoor Advertising, Inc.

    499 U.S. 365 (1991)   Cited 550 times   9 Legal Analyses
    Holding that there is no "conspiracy" exception to the Noerr-Pennington doctrine

  8. Ware v. Rodale Press, Inc.

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

  9. City of Pittsburgh v. West Penn Power Comp

    147 F.3d 256 (3d Cir. 1998)   Cited 905 times
    Holding action that did not lessen competition in a "marketplace" was not antitrust injury

  10. McLain v. Real Estate Bd. of New Orleans

    444 U.S. 232 (1980)   Cited 438 times   3 Legal Analyses
    Holding that "[t]o establish the jurisdictional element of a Sherman Act violation it would be sufficient for petitioners to demonstrate a substantial effect on interstate commerce" generated by activity that is primarily local in nature

  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