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Clayton's Auto Glass, Inc. et al v. First Data Corporation et al

MEMORANDUM in Opposition re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

49 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,746 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

  3. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 65,199 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  4. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,542 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  5. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,465 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  6. Novak v. Kasaks

    216 F.3d 300 (2d Cir. 2000)   Cited 1,634 times   9 Legal Analyses
    Holding section 78u-4(b) does not literally require pleading of all facts, so long as facts pleaded provide adequate basis for believing statements were false

  7. Ga. Malone & Co. v. Rieder

    2012 N.Y. Slip Op. 5200 (N.Y. 2012)   Cited 684 times   4 Legal Analyses
    Holding agent did not intend to be personally bound to the contract when he "only signed the contract once, rather than signing twice, which is the general practice when an individual wishes to be personally bound"

  8. Beth Israel Med. v. Hori. Blue Cross

    448 F.3d 573 (2d Cir. 2006)   Cited 694 times
    Holding that whether a hospital's failure to object to a lower reimbursement rate over a period of eight years constituted a waiver of its contractual right to the higher reimbursement rate was a question of fact

  9. Chill v. General Electric Company

    101 F.3d 263 (2d Cir. 1996)   Cited 660 times   2 Legal Analyses
    Holding that general motives that can "be imputed to any publicly-owned, for-profit endeavor, [are] not sufficiently concrete for purposes of inferring scienter"

  10. 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

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,114 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 25,124 times   63 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  14. Section 624.155 - Civil remedy

    Fla. Stat. § 624.155   Cited 662 times   46 Legal Analyses
    Requiring an insurer to act "fairly and honestly toward its insured," and "with due regard for her or his interests"

  15. Section 1101 - Definitions; doing an insurance business

    N.Y. Ins. Law § 1101   Cited 84 times
    Noting that insurance is "dependent upon the happening of a fortuitous event"

  16. Section 1102 - Insurer's license required; issuance

    N.Y. Ins. Law § 1102   Cited 39 times   1 Legal Analyses
    Conducting an unlicensed insurance business

  17. Section 624.401 - Certificate of authority required

    Fla. Stat. § 624.401   Cited 19 times

    (1) No person shall act as an insurer, and no insurer or its agents, attorneys, subscribers, or representatives shall directly or indirectly transact insurance, in this state except as authorized by a subsisting certificate of authority issued to the insurer by the office, except as to such transactions as are expressly otherwise provided for in this code. (2) No insurer shall from offices or by personnel or facilities located in this state solicit insurance applications or otherwise transact insurance

  18. Section 624.10 - Other definitions

    Fla. Stat. § 624.10   Cited 5 times

    As used in the Florida Insurance Code, the term: (1) "Affiliate" means an entity that exercises control over or is directly or indirectly controlled by the insurer through: (a) Equity ownership of voting securities; (b) Common managerial control; or (c) Collusive participation by the management of the insurer and affiliate in the management of the insurer or the affiliate. (2) "Affiliated person" of another person means: (a) The spouse of the other person; (b) The parents of the other person and

  19. Section 4101 - Definitions

    N.Y. Ins. Law § 4101

    In this article: (a) "Basic kinds of insurance" means the kinds of insurance described in the following paragraphs of subsection (a) of section one thousand one hundred thirteen of this chapter numbered therein as set forth in parentheses below: fire (4); burglary and theft (7); glass (8); boiler and machinery (9); elevator (10); animal (11); personal injury liability (13); property damage liability (14) - basic as to stock companies only; workers' compensation and employers' liability (15); fidelity