§Why CasetextPricing

COOPER v. AETNA HEALTH INC. PA, CORP. et al

MEMORANDUM in Opposition

63 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,625 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' "

  2. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,822 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  3. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,032 times   33 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  4. Bridge v. Phoenix Bond & Indem. Co.

    553 U.S. 639 (2008)   Cited 1,104 times   7 Legal Analyses
    Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules

  5. Salinas v. United States

    522 U.S. 52 (1997)   Cited 1,207 times   11 Legal Analyses
    Holding that the canon of construction requiring a clear statement to alter the federal-state balance of criminal jurisdiction "does not warrant a departure from terms" where the statute's "text . . . is unambiguous on the point under consideration"

  6. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.

    429 U.S. 477 (1977)   Cited 2,063 times   20 Legal Analyses
    Holding that mere economic loss does not amount to an antitrust injury under the antitrust laws

  7. Hedges v. U.S.

    404 F.3d 744 (3d Cir. 2005)   Cited 2,926 times
    Holding the SIAA's two-year statute of limitations, previously codified at 46 U.S.C. § 745, was not jurisdictional and therefore subject to equitable tolling

  8. In re Insurance Brokerage Antitrust Litigation

    618 F.3d 300 (3d Cir. 2010)   Cited 1,461 times   4 Legal Analyses
    Holding that per se "hub and spoke" theory was not properly pled when complaint detailed specific agreements between multiple insurers and a single broker, but did not allege facts such that the court could infer that the insurers had agreed horizontally to enter into their respective agreements with the broker

  9. Pension Fund v. Marine Bank

    85 N.Y.2d 20 (N.Y. 1995)   Cited 1,517 times   1 Legal Analyses
    Holding that the definition of deceptive acts and practices under GBL § 349 includes "representations or omissions"

  10. Maio v. Aetna, Inc.

    221 F.3d 472 (3d Cir. 2000)   Cited 1,112 times
    Holding no RICO cause of action because factual predicate necessary for damages to be incurred at all too speculative

  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 345,885 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. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,876 times   60 Legal Analyses
    Specifying prohibited activities

  13. Section 664 - Theft or embezzlement from employee benefit plan

    18 U.S.C. § 664   Cited 328 times   8 Legal Analyses
    Authorizing criminal penalties for any person that embezzles, steals or converts funds from an ERISA plan