§Why CasetextPricing

Danganan, v. Guardian Protection Services

RESPONSE in Opposition re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike Class Allegations

61 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,484 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 267,331 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. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,867 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  4. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 7,670 times   4 Legal Analyses
    Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

  5. Klaxon Co. v. Stentor Co.

    313 U.S. 487 (1941)   Cited 10,489 times   6 Legal Analyses
    Holding that Erie doctrine applies to conflict-of-law rules

  6. Jumara v. State Farm Ins. Co.

    55 F.3d 873 (3d Cir. 1995)   Cited 2,425 times   5 Legal Analyses
    Holding that a plaintiff's choice of venue "should not be lightly disturbed"

  7. West Penn Allegheny Health System, Inc. v. UPMC

    627 F.3d 85 (3d Cir. 2010)   Cited 550 times   7 Legal Analyses
    Holding that the "plausibility" standard does not become a "probability" standard in complex cases

  8. Belmont v. MB Investment Partners, Inc.

    708 F.3d 470 (3d Cir. 2013)   Cited 508 times   5 Legal Analyses
    Holding that "an adviser may benefit from a transaction recommended to a client if, and only if, that benefit and all related details of the transaction are fully disclosed"

  9. Brown v. Card Service Center

    464 F.3d 450 (3d Cir. 2006)   Cited 554 times   3 Legal Analyses
    Holding that "it would be deceptive under the FDCPA for [a debt collector] to assert that it could take an action that it had no intention of taking and has never or very rarely taken before," and allowing plaintiff, who alleged only that defendant never intended to file suit, to proceed to discovery to determine whether defendant "seldom litigated or referred debts" to an attorney

  10. Hammersmith v. TIG Insurance

    480 F.3d 220 (3d Cir. 2007)   Cited 419 times   1 Legal Analyses
    Holding that there was no principal place of insured risk where the policy covered the insured subsidiaries in over twenty states and internationally

  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 346,675 times   923 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,772 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,974 times   317 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  14. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,422 times   184 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  15. Section 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,178 times   52 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought