§Why CasetextPricing

Brigiotta's Farmland Produce and Garden Center, Inc. v. United Potato Growers of Idaho, Inc. et al

MEMORANDUM DECISION AND ORDER granting 153 Motion to Dismiss; granting 154 Motion to Dismiss; granting 155 Motion to Dismiss; denying 156 Motion to Dismiss; granting 157 Motion to Dismiss; granting in part and denying in part 158 Motion t o Dismiss; granting 160 Motion to Dismiss; denying 162 Motion to Dismiss; granting 163 Motion to Dismiss; finding as moot 183 Motion to Add Names; finding as moot 183 Motion for Discovery; denying 185 Motion to Amend/Correct

61 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 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 273,590 times   368 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. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 7,177 times   1 Legal Analyses
    Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"

  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,952 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  5. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,126 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  6. National Cable Telecom. Assn. v. Brand X Internet S

    545 U.S. 967 (2005)   Cited 1,183 times   47 Legal Analyses
    Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

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

    465 U.S. 752 (1984)   Cited 1,191 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"

  8. In re Insurance Brokerage Antitrust Litigation

    618 F.3d 300 (3d Cir. 2010)   Cited 1,481 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

  9. Cook, Perkiss Liehe v. N.C. Collection Serv

    911 F.2d 242 (9th Cir. 1990)   Cited 2,266 times   2 Legal Analyses
    Holding that an advertisement that "impl[ies] lower rates and better services than those of a competitor . . . constitutes puffery and is not actionable as false advertising"

  10. MGIC Indem. Co. v. Weisman

    803 F.2d 500 (9th Cir. 1986)   Cited 1,950 times
    Holding that, on a motion for attorney fees, the requesting party must disclose its time sheets to the other party, redacted as necessary where protected by the attorney-client privilege

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,078 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  13. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,441 times   49 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

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

    15 U.S.C. § 1   Cited 3,173 times   70 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"

  15. Section 1603 - Definitions

    28 U.S.C. § 1603   Cited 1,369 times   7 Legal Analyses
    Recognizing that a state "includes [its] political subdivision"

  16. Section 1604 - Immunity of a foreign state from jurisdiction

    28 U.S.C. § 1604   Cited 1,135 times   10 Legal Analyses
    Granting immunity to foreign states, their agencies, and their instrumentalities

  17. Section 12 - Definitions; short title

    15 U.S.C. § 12   Cited 916 times   15 Legal Analyses
    Stating that the statute only applies to an express list of federal law

  18. Section 17 - Antitrust laws not applicable to labor organizations

    15 U.S.C. § 17   Cited 810 times   2 Legal Analyses

    The labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be

  19. Section 601 - Declaration of conditions

    7 U.S.C. § 601   Cited 606 times

    It is declared that the disruption of the orderly exchange of commodities in interstate commerce impairs the purchasing power of farmers and destroys the value of agricultural assets which support the national credit structure and that these conditions affect transactions in agricultural commodities with a national public interest, and burden and obstruct the normal channels of interstate commerce. 7 U.S.C. § 601 May 12, 1933, ch. 25, title I, §1, 48 Stat. 31; June 3, 1937, ch. 296, §§1, 2(a), 50

  20. Section 291 - Authorization of associations; powers

    7 U.S.C. § 291   Cited 175 times   4 Legal Analyses

    Persons engaged in the production of agricultural products as farmers, planters, ranchmen, dairymen, nut or fruit growers may act together in associations, corporate or otherwise, with or without capital stock, in collectively processing, preparing for market, handling, and marketing in interstate and foreign commerce, such products of persons so engaged. Such associations may have marketing agencies in common; and such associations and their members may make the necessary contracts and agreements