§Why CasetextPricing

Carl v. Edwards et al

Motion to Dismiss for Failure to State a Claim

19 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,437 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 265,409 times   364 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. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 16,800 times   46 Legal Analyses
    Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

  4. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,545 times   109 Legal Analyses
    Holding that states may exercise personal jurisdiction over out-of-state defendants with "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’ " (quoting Milliken v. Meyer , 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940) )

  5. Hemi Group, LLC v. City of New York

    559 U.S. 1 (2010)   Cited 761 times   2 Legal Analyses
    Holding that the defendant retailer's failure to make state-law-required disclosures that would make it easier for the City to recover delinquent taxes did not proximately cause the City's injury, which more directly came from the delinquent taxpayers themselves

  6. McCarthy v. Dun & Bradstreet Corp.

    482 F.3d 184 (2d Cir. 2007)   Cited 3,201 times
    Holding that the district court did not abuse its discretion in denying leave to amend where "discovery had closed, defendants had filed for summary judgment, and nearly two years had passed since the filing of the original complaint"

  7. Goldman v. Belden

    754 F.2d 1059 (2d Cir. 1985)   Cited 1,653 times   1 Legal Analyses
    Holding Rule 12(b) consideration of documents attached to defendants' motion to dismiss improper

  8. Hecht v. Commerce Clearing House, Inc.

    897 F.2d 21 (2d Cir. 1990)   Cited 509 times
    Holding that an employee's loss of commissions and employment was not proximately caused by defendants' RICO violations

  9. Moss v. Morgan Stanley Inc.

    719 F.2d 5 (2d Cir. 1983)   Cited 610 times
    Finding no fiduciary duty, for 10b–5 purposes, exists for broker-dealers simply by virtue of their status as market professionals

  10. GICC Capital Corp. v. Tech. Fin. Grp., Inc.

    67 F.3d 463 (2d Cir. 1995)   Cited 304 times
    Finding that courts of appeals have consistently considered eleven months to be insufficiently "substantial"

  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 344,481 times   920 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 15,832 times   59 Legal Analyses
    Specifying prohibited activities

  13. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,074 times   40 Legal Analyses
    Granting civil remedies for RICO violation