§Why CasetextPricing

Driscoll v. Trump International Hotels Management LLC et al

MOTION to Dismiss and Alternative Motion to Transfer

54 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,282 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 265,266 times   364 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. McCauley v. City of Chicago

    671 F.3d 611 (7th Cir. 2011)   Cited 1,542 times
    Holding that to survive a motion to dismiss, a claim against a city for indemnification of a constitutional violation requires an allegation of an underlying constitutional violation

  4. Pirelli Armstrong Tire Corp. v. Walgreen Co.

    631 F.3d 436 (7th Cir. 2011)   Cited 919 times
    Holding an unjust enrichment claim to the Rule 9(b) standard

  5. Pisciotta v. Old National Bancorp

    499 F.3d 629 (7th Cir. 2007)   Cited 762 times   12 Legal Analyses
    Holding that, under Indiana state law, "allegations of increased risk of future identity theft . . . [are not] a harm that the law is prepared to remedy"

  6. Research Automation v. Schrader-Bridgeport

    626 F.3d 973 (7th Cir. 2010)   Cited 548 times   1 Legal Analyses
    Holding that filing order of related suits in different districts is "only one factor among many" in determining whether to transfer a case

  7. Moorman Mfg. Co. v. National Tank Co.

    91 Ill. 2d 69 (Ill. 1982)   Cited 856 times   1 Legal Analyses
    Holding that, in Illinois, a product-liability plaintiff cannot recover economic losses under a negligence theory

  8. Cont'l Cas. Co. v. Am. Nat'l Ins. Co.

    417 F.3d 727 (7th Cir. 2005)   Cited 353 times   1 Legal Analyses
    Holding non-signatory could enforce arbitration under third-party beneficiary theory

  9. Sovereign Bank v. Bj's Wholesale Club, Inc.

    533 F.3d 162 (3d Cir. 2008)   Cited 297 times   4 Legal Analyses
    Holding that a claim was foreclosed based on an admission in the plaintiff's complaint

  10. Remijas v. Neiman Marcus Group, LLC

    794 F.3d 688 (7th Cir. 2015)   Cited 242 times   86 Legal Analyses
    Holding that both risk of future harm and mitigation damages suffice for standing when a data breach has already occurred

  11. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,268 times   183 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  12. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,656 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  13. Section 815 ILCS 505/1

    815 ILCS 505/1   Cited 2,165 times   14 Legal Analyses
    Defining "consumer" as "any person who purchases or contracts for the purchase of merchandise not for resale in the ordinary course of his trade or business but for his use or that of a member of his household"

  14. Section 815 ILCS 505/10a - Action for actual damages

    815 ILCS 505/10a   Cited 589 times   4 Legal Analyses
    Providing individual cause of action for violation resulting in "actual damages"

  15. Section 815 ILCS 510/2 - Deceptive trade practices

    815 ILCS 510/2   Cited 406 times

    (a) A person engages in a deceptive trade practice when, in the course of his or her business, vocation or occupation, the person: (1) passes off goods or services as those of another; (2) causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services; (3) causes likelihood of confusion or of misunderstanding as to affiliation, connection or association with or certification by another; (4) uses deceptive representations or designations

  16. Section 1643 - Liability of holder of credit card

    15 U.S.C. § 1643   Cited 105 times   4 Legal Analyses
    Limiting a cardholder's liability for unauthorized use of a card to $50

  17. Section 1693g - Consumer liability

    15 U.S.C. § 1693g   Cited 60 times
    Limiting the amount of consumer liability for unauthorized transactions

  18. Section 815 ILCS 530/15 - Waiver

    815 ILCS 530/15   1 Legal Analyses

    Any waiver of the provisions of this Act is contrary to public policy and is void and unenforceable. 815 ILCS 530/15 Added by P.A. 094-0036, § 15, eff. 1/1/2006.