§Why CasetextPricing

Diverse Power Inc. v. City of Lagrange, Georgia

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

45 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 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 266,697 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. Jefferson Parish Hospital Dist. No. 2 v. Hyde

    466 U.S. 2 (1984)   Cited 802 times   8 Legal Analyses
    Holding that "any inquiry into the validity of a tying arrangement must focus on the market or markets in which the two products are sold, for that is where the anticompetitive forcing has its impact"

  4. Sinaltrainal v. Coca-Cola Co.

    578 F.3d 1252 (11th Cir. 2009)   Cited 1,155 times   4 Legal Analyses
    Holding that a complaint fails to state a claim unless the well-pled factual allegations of the complaint nudge the claims across the line from conceivable to plausible

  5. United States v. du Pont Co.

    351 U.S. 377 (1956)   Cited 1,238 times   1 Legal Analyses
    Holding relevant market is defined by "commodities reasonably interchangeable by consumers for the same purposes" as subject product; finding, where product was cellophane, relevant product market was "flexible packaging material market"

  6. Illinois Tool Works Inc. v. Independent Ink, Inc.

    547 U.S. 28 (2006)   Cited 231 times   19 Legal Analyses
    Holding that separate markets existed for software and hardware even when they were always bundled together

  7. Lafayette v. Louisiana Power Light Co.

    435 U.S. 389 (1978)   Cited 507 times
    Holding that States and municipalities are “persons” under federal antitrust law

  8. Town of Hallie v. City of Eau Claire

    471 U.S. 34 (1985)   Cited 386 times   9 Legal Analyses
    Holding that municipal entities, though not sovereign, may avail themselves of the immunity if their actions spring from governing state authority

  9. Parker v. Brown

    317 U.S. 341 (1943)   Cited 1,311 times   34 Legal Analyses
    Holding that restraints imposed by the state "as an act of government" are immune from antitrust liability

  10. Jacobs v. Tempur-Pedic Intern

    626 F.3d 1327 (11th Cir. 2010)   Cited 373 times
    Holding an allegation insufficient that stated plaintiff's resale price fixing agreements "have unreasonably restrained, do unreasonably restrain, and will continue to unreasonably restrain trade and commerce in the visco-elastic mattress market ... by eliminating price competition" (omission in original)

  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 345,981 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. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,250 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 13-8-2 - Contracts contravening public policy generally

    Ga. Code § 13-8-2   Cited 190 times   10 Legal Analyses
    Prohibiting "contracts in general restraint of trade"

  14. Section 36-34-5 - Acquisition and construction of water and sewage systems

    Ga. Code § 36-34-5   Cited 10 times
    Authorizing municipalities "[t]o operate and maintain any such [water] systems"

  15. Section 36-65-1 - Statement of policy

    Ga. Code § 36-65-1   Cited 8 times

    It is declared by the General Assembly of Georgia that in the exercise of powers specifically granted to them by law, local governing authorities of cities and counties are acting pursuant to state policy. OCGA § 36-65-1

  16. Section 36-65-2 - Immunity of local governments from antitrust liability

    Ga. Code § 36-65-2   Cited 3 times

    This chapter is intended to articulate clearly and express affirmatively the policy of the State of Georgia that in the exercise of such powers, such local governing authorities shall be immune from antitrust liability to the same degree and extent as enjoyed by the State of Georgia. OCGA § 36-65-2