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Comprehensive Health Care Systems of the Palm Beaches, Inc. v. M3 USA Corporation et al

MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM

131 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 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 266,697 times   365 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 61,666 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. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,238 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  5. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,328 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  6. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,131 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

  7. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,020 times   502 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  8. Carnegie-Mellon Univ. v. Cohill

    484 U.S. 343 (1988)   Cited 11,123 times   1 Legal Analyses
    Holding district courts have discretion whether to dismiss state law claims after all the federal claims are dismissed and explaining the factors courts should consider when doing so

  9. Hishon v. King Spalding

    467 U.S. 69 (1984)   Cited 12,436 times   7 Legal Analyses
    Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

  10. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,508 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  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 345,981 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,775 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,391 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  14. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,434 times   134 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  15. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 95,025 times   653 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  16. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,786 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  17. Rule 32.1 - Citing Judicial Dispositions

    Fed. R. App. P. 32.1   Cited 34,435 times   152 Legal Analyses
    Permitting court to cite to unpublished federal judicial opinions

  18. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,489 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  19. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,033 times   17 Legal Analyses
    Permitting the use of declarations instead

  20. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,664 times   733 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

  21. Section 312.7 - Promotion of investigational drugs

    21 C.F.R. § 312.7   Cited 15 times   13 Legal Analyses
    Prohibiting drug manufacturers from profiting on the sale of experimental drugs