§Why CasetextPricing

Direct Imaging Systems, Inc. v. Hirsch International Corp. et al

RESPONSE in Opposition re MOTION to Dismiss 1 Plaintiff's Complaint and Memorandum Of Law In Support

14 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 271,409 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 284,187 times   370 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. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,590 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"

  4. St. George v. Pinellas County

    285 F.3d 1334 (11th Cir. 2002)   Cited 716 times
    Holding that when considering a defendant's motion to dismiss, “[t]he scope of the review must be limited to the four corners of the complaint.”

  5. Thaeter v. Palm Beach Cty. Sheriff's Office

    449 F.3d 1342 (11th Cir. 2006)   Cited 384 times
    In Thaeter, the Eleventh Circuit found that the Palm Beach County Sheriff's Office's (“PCBSO”) off-duty employment screening provision was not unconstitutionally vague.

  6. Friedlander v. Nims

    755 F.2d 810 (11th Cir. 1985)   Cited 254 times   1 Legal Analyses
    Holding that dismissal with prejudice was not an abuse of discretion when the court gave the pro se plaintiff a chance to amend

  7. Funai Electric v. Daewoo Elec. Corp.

    616 F.3d 1357 (Fed. Cir. 2010)   Cited 102 times
    Finding "We believe that your products infringe one or more claims of the aforementioned patents . . ." to constitute actual notice

  8. Gary Brown v. Ashdon

    268 F. App'x 837 (11th Cir. 2008)   Cited 71 times
    Finding courier and postage fees are not recoverable under Section 1920

  9. Barnett v. Bailey

    956 F.2d 1036 (11th Cir. 1992)   Cited 98 times
    Holding that a federal court may inquire into its jurisdiction at any time and may dismiss an action sua sponte for lack of subject matter jurisdiction

  10. BUD ANTLE, INC. v. EASTERN FOODS, INC

    758 F.2d 1451 (11th Cir. 1985)   Cited 110 times   1 Legal Analyses
    Holding mere continuation exception inapplicable where there was no continuation in management and ownership

  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 366,511 times   968 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 166,425 times   198 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,235 times   1095 Legal Analyses
    Holding that testing is a "use"