§Why CasetextPricing

Burris v. Main Line Health System et al

Memorandum OF LAW IN SUPPORT re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

62 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 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 280,791 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

  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 29,335 times   144 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. Daimlerchrysler Corp. v. Cuno

    547 U.S. 332 (2006)   Cited 2,911 times   7 Legal Analyses
    Holding that plaintiffs did not have standing because their injury was " 'conjectural or hypothetical' in that it depend[ed] on how legislators respond[ed] to a reduction in revenue"

  5. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,511 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  6. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,562 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"

  7. Colorado River Water Cons. Dist. v. U.S.

    424 U.S. 800 (1976)   Cited 8,411 times   13 Legal Analyses
    Holding that, in limited circumstances, federal courts should abstain from deciding a case when there are related proceedings pending in state court

  8. Santiago v. Warminster Township

    629 F.3d 121 (3d Cir. 2010)   Cited 4,418 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)

  9. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 8,075 times   4 Legal Analyses
    Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

  10. Gould Elecs. Inc. v. U.S.

    220 F.3d 169 (3d Cir. 2000)   Cited 2,720 times   1 Legal Analyses
    Holding that the phrase "law of the place" in the sixth prong of § 1346(b) is jurisdictional

  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 362,607 times   962 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 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."