§Why CasetextPricing

Carrington et al v. Duke University et al

RESPONSE in Opposition re J. Wesley Covington's MOTION to Dismiss Pursuant to Rule 12

19 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,127 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

  2. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,632 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

  3. Giarratano v. Johnson

    521 F.3d 298 (4th Cir. 2008)   Cited 3,016 times
    Holding a court need not accept as true a complaint's legal conclusions, "unwarranted inferences, unreasonable conclusions, or arguments."

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

    465 U.S. 752 (1984)   Cited 1,199 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"

  5. Emergent Capital Inv. v. Stonepath Group, Inc.

    343 F.3d 189 (2d Cir. 2003)   Cited 492 times   2 Legal Analyses
    Holding that, in a material misstatement or omission securities fraud action, plaintiffs must allege a price correction to adequately plead loss causation

  6. Mentavlos v. Anderson

    249 F.3d 301 (4th Cir. 2001)   Cited 436 times
    Holding that § 1983 claims are viable only against defendants acting under color of state law

  7. Whiting v. Traylor

    85 F.3d 581 (11th Cir. 1996)   Cited 237 times   1 Legal Analyses
    Holding that the plaintiff's claim was timely because it accrued when the court dismissed the remaining charges against the plaintiff

  8. Trollinger v. Tyson Foods, Inc.

    370 F.3d 602 (6th Cir. 2004)   Cited 162 times   1 Legal Analyses
    Holding that the NLRA does not "preempt" wage-related RICO claims

  9. Terry v. Terry

    302 N.C. 77 (N.C. 1981)   Cited 200 times
    Holding that fraud plaintiff must show that defendant's false representation, made with intent to deceive, was successful and resulted in injury

  10. Reed v. Buckeye

    241 F. App'x 917 (4th Cir. 2007)   Cited 49 times
    Finding that the terminated plaintiff was replaced by a younger employee when the employer transferred some of his job duties to a 45-year-old employee and then gave the plaintiff's other duties to a 40-year-old employee hired after plaintiff's termination

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 506,346 times   709 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation