§Why CasetextPricing

Di Ferdinando v. Intrexon Corporation et al

MOTION to Dismiss for Failure to State a Claim

24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 269,421 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 282,303 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. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,278 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  4. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 11,137 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

  5. Cruz v. Beto

    405 U.S. 319 (1972)   Cited 5,667 times   1 Legal Analyses
    Holding that a Buddhist prisoner stated a claim under the First and Fourteenth Amendments when he alleged that he was placed in solitary confinement for proselytizing, while inmates of other religions were encouraged to participate in religious programs

  6. Guz v. Bechtel National, Inc.

    24 Cal.4th 317 (Cal. 2000)   Cited 3,330 times   4 Legal Analyses
    Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

  7. Lazar v. Superior Court

    12 Cal.4th 631 (Cal. 1996)   Cited 1,700 times   3 Legal Analyses
    Holding that justifiable reliance is a required element of a fraud claim

  8. Retail Clerks v. Schermerhorn

    373 U.S. 746 (1963)   Cited 816 times
    Concluding that—under Section 14(b) and the rule announced in General Motors Corp .—states may ban "agency shop" agreements by which employees have an "obligation to pay initiation fees and regular dues, ....[w]hatever may be the status of less stringent union-security arrangements ...."

  9. Foley v. Interactive Data Corp.

    47 Cal.3d 654 (Cal. 1988)   Cited 1,161 times   1 Legal Analyses
    Holding that tort damages are not available for breach of an employment contract

  10. IN RE STAC ELECTRONICS SECURITIES LITIGATION

    89 F.3d 1399 (9th Cir. 1996)   Cited 831 times
    Holding securities section 11 claims sounding in fraud are subject to Rule 9(b) particularity requirements

  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 364,364 times   963 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 165,340 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

    28 U.S.C. § 1332   Cited 116,660 times   574 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. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,338 times   338 Legal Analyses
    Requiring that fraud be pleaded with particularity

  15. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 30,059 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."