§Why CasetextPricing

DeHoog et al v. Anheuser-Busch InBev, SA/NV et al

Reply to Motion to Dismiss for Failure to State a Claim and Memorandum in Support 41 Oral Argument requested.

24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,202 times   280 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 268,948 times   367 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. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,099 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  4. Brown Shoe Co. v. United States

    370 U.S. 294 (1962)   Cited 1,825 times   32 Legal Analyses
    Holding judgment final and appealable where district court passed on every prayer for relief in the complaint and ordered full divestiture of stock, although court had not yet approved a divestiture plan

  5. Cargill, Inc. v. Monfort of Colorado, Inc.

    479 U.S. 104 (1986)   Cited 683 times   5 Legal Analyses
    Holding that a Clayton Act plaintiff "must show a threat of antitrust injury" to warrant injunctive relief

  6. Cooper v. Pickett

    122 F.3d 1186 (9th Cir. 1997)   Cited 1,241 times
    Holding that where complaint asserting claims of improper revenue recognition identified some of the defrauded customers, the type of conduct, the general time frame, and why the conduct was fraudulent, it was "not fatal to the complaint that it [did] not describe in detail a single specific transaction . . . by customer, amount, and precise method"

  7. U.S. v. Philadelphia Nat. Bank

    374 U.S. 321 (1963)   Cited 770 times   16 Legal Analyses
    Holding that products and services offered by commercial banks constituted cluster market

  8. Los Angeles Mem. Coliseum v. Nat. Football

    634 F.2d 1197 (9th Cir. 1980)   Cited 816 times
    Holding that injury of lost revenues was not irreparable

  9. Shaw v. Hahn

    56 F.3d 1128 (9th Cir. 1995)   Cited 494 times   1 Legal Analyses
    Finding privity when the interests of the party in the subsequent action were shared with and adequately represented by the party in the former action

  10. Fecht v. Price Co.

    70 F.3d 1078 (9th Cir. 1995)   Cited 472 times
    Holding that optimistic statements about the defendant company's financial future based on expansion of retail operations were actionable because the plaintiff alleged facts raising the inference that the defendants were aware of adverse facts indicating that the expansion had failed

  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 348,503 times   930 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 18 - Acquisition by one corporation of stock of another

    15 U.S.C. § 18   Cited 1,509 times   51 Legal Analyses
    Barring an acquisition "where in any line of commerce ... the effect of such acquisition may be substantially to lessen competition"