§Why CasetextPricing

Dlb Associates Consulting Engineers, P.C. v. Shlemmer Algaze & Associates et al

BRIEF in Opposition

25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,946 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,983 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. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,330 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. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

    507 U.S. 163 (1993)   Cited 5,181 times   2 Legal Analyses
    Holding that there is no heightened pleading requirement in § 1983 suits against municipalities

  5. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,472 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  6. Shaffer v. Heitner

    433 U.S. 186 (1977)   Cited 3,219 times   7 Legal Analyses
    Holding that, once a judgment is validly rendered against a debtor, the judgment creditor may sue to satisfy the debt with property in a state that lacks personal jurisdiction over the judgment debtor

  7. Kost v. Kozakiewicz

    1 F.3d 176 (3d Cir. 1993)   Cited 3,470 times   1 Legal Analyses
    Holding that where appellant fails to raise an issue in its opening brief, "the appellant normally has abandoned and waived that issue on appeal and it need not be addressed by the court of appeals"

  8. McTernan v. City of York

    564 F.3d 636 (3d Cir. 2009)   Cited 1,348 times
    Holding that to satisfy the pleading standard, the plaintiff "must identify a custom or policy, and specify what exactly that custom or policy was"

  9. Thomas v. Independence Township

    463 F.3d 285 (3d Cir. 2006)   Cited 1,182 times
    Holding that, "[w]hen presented with a complaint that does not lend itself to any early resolution of the qualified immunity issue, a district court has several options," which includes demanding more specific factual allegations at the pleading stage

  10. Green v. Morgan Props.

    215 N.J. 431 (N.J. 2013)   Cited 203 times   2 Legal Analyses
    Affirming denial of defendant's motion to dismiss under Rule 4:6–2(e) on ground that plaintiff had presented prima facie evidence of “unlawful commercial practice,” based upon allegation that defendant required execution of contract of adhesion incorporating unreasonable attorneys' fee provision

  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 361,663 times   960 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 163,974 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 2A:44A-15 - Improper lodging of lien claim; forfeiture of rights; liability

    N.J. Stat. § 2A:44A-15   Cited 17 times   4 Legal Analyses
    Providing that any lien claims not filed in conformity with the Lien Law shall be forfeited