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Care One Management, LLC et al v. United Healthcare Workers East, Seiu 1199 et al

MOTION to Dismiss Amended Complaint

42 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 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. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   366 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' "

  3. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,153 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"

  4. H. J. Inc. v. Northwestern Bell Telephone Co.

    492 U.S. 229 (1989)   Cited 3,636 times   9 Legal Analyses
    Holding that the continuity prong can be met by showing that related predicate offenses continued over a substantial period of time or posed a threat of continuing activity

  5. Bridge v. Phoenix Bond & Indem. Co.

    553 U.S. 639 (2008)   Cited 1,111 times   7 Legal Analyses
    Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules

  6. Santiago v. Warminster Township

    629 F.3d 121 (3d Cir. 2010)   Cited 4,245 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)

  7. Salinas v. United States

    522 U.S. 52 (1997)   Cited 1,212 times   11 Legal Analyses
    Holding that the canon of construction requiring a clear statement to alter the federal-state balance of criminal jurisdiction "does not warrant a departure from terms" where the statute's "text . . . is unambiguous on the point under consideration"

  8. McNally v. United States

    483 U.S. 350 (1987)   Cited 1,102 times   30 Legal Analyses
    Holding that the mail fraud statute is "limited in scope to the protection of property rights"

  9. In re Insurance Brokerage Antitrust Litigation

    618 F.3d 300 (3d Cir. 2010)   Cited 1,467 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

  10. Beck v. Prupis

    529 U.S. 494 (2000)   Cited 546 times
    Holding that in order for a RICO plaintiff to have standing he must establish that his injuries were caused by a predicate act within the meaning of 18 U.S.C. § 1962

  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 348,148 times   927 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 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,946 times   60 Legal Analyses
    Specifying prohibited activities

  13. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,989 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  14. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,440 times   104 Legal Analyses
    Relating to mail fraud

  15. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 12,036 times   172 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  16. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,108 times   42 Legal Analyses
    Granting civil remedies for RICO violation

  17. Section 1952 - Interstate and foreign travel or transportation in aid of racketeering enterprises

    18 U.S.C. § 1952   Cited 3,270 times   42 Legal Analyses
    Making it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law

  18. Section 186 - Restrictions on financial transactions

    29 U.S.C. § 186   Cited 2,341 times   16 Legal Analyses
    Prohibiting payments to labor union officials

  19. Section 106 - Responsibility of officers and members of associations or their organizations for unlawful acts of individual officers, members, and agents

    29 U.S.C. § 106   Cited 195 times
    Providing that "officer" and "member" of "any association or organization," and any "association or organization" shall not be liable for illegal acts of "individual officers, members, or agents" absent proof of actual participation in, or authorization or ratification of, such illegal acts

  20. Section 163 - Right to strike preserved

    29 U.S.C. § 163   Cited 114 times
    Preserving the right to strike