§Why CasetextPricing

Classic Harvest Llc v. Freshworks Llc et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

32 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,187 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Bryant v. Avado Brands, Inc.

    187 F.3d 1271 (11th Cir. 1999)   Cited 1,289 times   2 Legal Analyses
    Holding that “a court, when considering a motion to dismiss in a securities fraud case, may take judicial notice . . . of relevant public documents required to be filed with the SEC”

  5. Day v. Taylor

    400 F.3d 1272 (11th Cir. 2005)   Cited 994 times
    Holding that the district "court may consider a document attached to a" motion to dismiss without converting the motion into one for summary judgment if the attached document is central to the plaintiffs claim and undisputed"

  6. Marshall Cty. Bd. of Educ. v. Marshall Cty

    992 F.2d 1171 (11th Cir. 1993)   Cited 1,006 times
    Finding that under Rule 12(b), dismissal of a complaint is appropriate "when, on the basis of a dispositive issue of law, no construction of the factual allegations will support the cause of action."

  7. Reaves Brokerage v. Sunbelt Fruit Vegetable

    336 F.3d 410 (5th Cir. 2003)   Cited 550 times   2 Legal Analyses
    Holding that "a ‘bonafide purchaser’ of trust assets receives the assets free of claims by trust beneficiaries" and noting that the determinative issue on appeal is whether the "factoring agreement" was a loan secured by accounts receivable or a true sale of accounts receivable

  8. Horne v. Potter

    392 F. App'x 800 (11th Cir. 2010)   Cited 289 times
    Holding that the district court properly took judicial notice of court filings in a previous case at the motion to dismiss stage

  9. Gargiulo v. G. M. Sales, Inc.

    131 F.3d 995 (11th Cir. 1997)   Cited 391 times
    Reversing summary judgment in favor of the lender who provided a line of credit to a PACA debtor

  10. Middle Mt. Land and Produce v. Sound Commod

    307 F.3d 1220 (9th Cir. 2002)   Cited 145 times
    Holding that "a district court may award reasonable prejudgment interest to PACA claimants if such an award is necessary to protect the interests of PACA claimants, and that such an award absent contract is discretionary"

  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 499e - Liability to persons injured

    7 U.S.C. § 499e   Cited 944 times   4 Legal Analyses
    Granting PACA trust beneficiaries power to bring actions to enforce payment from the PACA trust

  13. Section 793 - Employment under Federal contracts

    29 U.S.C. § 793   Cited 254 times   7 Legal Analyses
    Requiring certain federal contractors to "take affirmative action to employ and advance in employment qualified individuals with disabilities"

  14. Section 4212 - Veterans' employment emphasis under Federal contracts

    38 U.S.C. § 4212   Cited 70 times   25 Legal Analyses
    Requiring government contractors to take affirmative action, inter alia, to employ veterans of the Vietnam era

  15. Section 2501 - Short title

    19 U.S.C. § 2501   Cited 48 times   27 Legal Analyses

    This Act may be cited as the "Trade Agreements Act of 1979". 19 U.S.C. § 2501 Pub. L. 96-39, §1(a), July 26, 1979, 93 Stat. 144. EDITORIAL NOTES REFERENCES IN TEXTThis Act, referred to in text, is Pub. L. 96-39, July 26, 1979, 93 Stat. 144, which enacted this chapter and sections 1516a, 1671 to 1671f, 1673 to 1673i, 1675, 1677 to 1677g, and 2413 to 2416 of this title, amended the Tariff Schedules, and sections 1303, 1311, 1315, 1332, 1336, 1337, 1351, 1401a, 1466, 1500, 1514 to 1516, 1872, 2033,

  16. Section 2012 - Per diem payments

    38 U.S.C. § 2012   Cited 25 times

    (a) PER DIEM PAYMENTS FOR FURNISHING SERVICES TO HOMELESS VETERANS.- (1) Subject to the availability of appropriations provided for such purpose, the Secretary, pursuant to such criteria as the Secretary shall prescribe, shall provide to a recipient of a grant under section 2011 of this title (or an entity eligible to receive a grant under that section which after November 10, 1992, establishes a program that the Secretary determines carries out the purposes described in that section) per diem payments

  17. Section 3301 - Repealed

    19 U.S.C. § 3301   Cited 18 times

    19 U.S.C. § 3301 Pub. L. 116-113, title VI, §601, Jan. 29, 2020, 134 Stat. 78 Section, Pub. L. 103-182, §2, Dec. 8, 1993, 107 Stat. 2060, defined terms for the North American Free Trade Agreement Implementation Act. EFFECTIVE DATE OF REPEAL OF NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION ACT Pub. L. 116-113, title VI, §601, Jan. 29, 2020, 134 Stat. 78, provided that: "The North American Free Trade Agreement Implementation Act (Public Law 103-182; 19 U.S.C. 3301 et seq.) is repealed, effective

  18. Section 2533a - Renumbered

    10 U.S.C. § 2533a   Cited 8 times   12 Legal Analyses

    10 U.S.C. § 2533a

  19. Section 2533 - Renumbered

    10 U.S.C. § 2533   2 Legal Analyses

    10 U.S.C. § 2533

  20. Section 46.46 - Statutory trust

    7 C.F.R. § 46.46   Cited 380 times   2 Legal Analyses
    Noting that "[a]ny act or omission which is inconsistent with" the duty to make PACA trust assets freely available to trust beneficiaries, "including dissipation of trust assets," is unlawful

  21. Section 60-1.4 - Equal opportunity clause

    41 C.F.R. § 60-1.4   Cited 19 times   18 Legal Analyses
    Implementing Exec. Order No. 11246

  22. Section 52.219-8 - Utilization of Small Business Concerns

    48 C.F.R. § 52.219-8   Cited 4 times   1 Legal Analyses

    As prescribed in 19.708(a), insert the following clause: Utilization of Small Business Concerns (FEB 2024) (a)Definitions. As used in this contract- HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200 , certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Dynamic Small Business Search (DSBS) and SAM. Service-disabled veteran-owned small business (SDVOSB) concern means

  23. Section 52.222-35 - Equal Opportunity for Veterans

    48 C.F.R. § 52.222-35   Cited 3 times

    As prescribed in 22.1310(a)(1), insert the following clause: EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) (a)Definitions. As used in this clause- "Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301. (b)Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60 - 300

  24. Section 52.222-26 - Equal Opportunity

    48 C.F.R. § 52.222-26   Cited 1 times

    As prescribed in 22.810(e), insert the following clause: EQUAL OPPORTUNITY (SEP 2016) (a)Definitions. As used in this clause- Compensation means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement. Compensation information

  25. Section 52.222-36 - Equal Opportunity for Workers with Disabilities

    48 C.F.R. § 52.222-36

    As prescribed in 22.1408(a), insert the following clause: EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) (a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60 - 741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities. (b) Subcontracts

  26. Section 52.222-21 - Prohibition of segregated facilities

    48 C.F.R. § 52.222-21

    As prescribed in 22.810(a)(1), insert the following clause: PROHIBITION OF SEGREGATED FACILITIES (APR 2015) (a)Definitions. As used in this clause- Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. Segregated facilities means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas

  27. Section 61-300.10 - What reporting requirements apply to Federal contractors and subcontractors, and what specific wording must the reporting requirements contract clause contain?

    41 C.F.R. § 61-300.10   2 Legal Analyses

    Each contractor or subcontractor described in § 61-300.1 must submit reports in accordance with the following reporting clause, which must be included in each of its covered government contracts or subcontracts (and modifications, renewals, or extensions thereof if not included in the original contract). Such clause is considered as an addition to the equal opportunity clause required by 41 CFR 60-300.5 . The reporting requirements clause is as follows: Employer Reports on Employment of Protected