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Cates et al v. Crystal Clear Technologies LLC et al

MEMORANDUM in Support of 63 MOTION to Dismiss for Failure to State a Claim

9 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,689 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 265,662 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. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,730 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  4. Freeman Industries v. Eastman Chemical Co.

    172 S.W.3d 512 (Tenn. 2005)   Cited 307 times
    Holding that sections 47-25-101 and -102 of the TTPA "reflect a clear intent to protect and afford a remedy to ultimate consumers"

  5. PSI Repair Services, Inc. v. Honeywell, Inc.

    104 F.3d 811 (6th Cir. 1997)   Cited 66 times   1 Legal Analyses
    Holding that a plaintiff "cannot succeed on a Kodak-type theory when the defendant has been otherwise forthcoming about its pricing structure and service policies."

  6. Claybrooks v. Am. Broad. Cos., Inc.

    898 F. Supp. 2d 986 (M.D. Tenn. 2012)   Cited 6 times   1 Legal Analyses
    Finding First Amendment violation where plaintiffs sought to alter defendant's message through application of an antidiscrimination statute

  7. Hadden v. City of Gatlinburg

    746 S.W.2d 687 (Tenn. 1988)   Cited 29 times   2 Legal Analyses
    Holding that sole shareholder of corporation may not bring suit individually to right wrong done to corporation; action must be brought by corporation

  8. Rule 23.1 - Derivative Actions

    Fed. R. Civ. P. 23.1   Cited 1,946 times   26 Legal Analyses
    Treating unincorporated associations and corporations similarly for derivative suits

  9. Section 48-56-401 - Derivative suits

    Tenn. Code § 48-56-401   Cited 24 times

    (a) A proceeding may be brought in the right of a domestic or foreign corporation to procure a judgment in its favor by: (1) Any member or members having five percent (5%) or more of the voting power or by fifty (50) members, whichever is less; or (2) Any director. (b) In any such proceeding, each plaintiff shall be a member or director at the time of bringing the proceeding. (c) A complaint in a proceeding brought in the right of a corporation must be verified and allege with particularity the demand