25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 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 268,629 times   366 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. Hospital Building Co. v. Trustees of Rex Hospital

    425 U.S. 738 (1976)   Cited 6,294 times   2 Legal Analyses
    Holding that a conspiracy against a North Carolina hospital had "a substantial effect on interstate commerce," and hence was covered by the Sherman Act, because it could, inter alia, reduce the hospital's purchases of out-of-state medicines and supplies
  4. American Telephone & Telegraph Co. v. Central Office Telephone, Inc.

    524 U.S. 214 (1998)   Cited 364 times   2 Legal Analyses
    Holding that the “respondent's state-law claims are barred by the filed rate doctrine”
  5. Morley v. Walker

    175 F.3d 756 (9th Cir. 1999)   Cited 795 times
    Holding that, in light of the fact that all allegations in the complaint must be regarded as true on a motion to dismiss, "dismissal [on qualified immunity grounds] for failure to state a claim under 12(b) is inappropriate."
  6. Tanner v. Heise

    879 F.2d 572 (9th Cir. 1989)   Cited 174 times
    Treating a "motion to dismiss as a motion for summary judgment and apply[ing] the standard of Rule 56 of the Federal Rules of Civil Procedure in [court of appeals'] de novo review of the Rule 12(b) dismissal"
  7. Kaiser Aluminum & Chemical Corp. v. Catellus Development Corp.

    976 F.2d 1338 (9th Cir. 1992)   Cited 130 times   1 Legal Analyses
    Holding that "disposal" under § 9607 includes a party's movement and spreading of contaminated soil to uncontaminated portions of property and that "Congress did not limit [`disposal'] to the initial introduction of hazardous material onto property"
  8. State of Ill. ex Rel. Burris v. Panhandle E

    935 F.2d 1469 (7th Cir. 1991)   Cited 63 times   1 Legal Analyses
    Finding "the presence of a legitimate business justification reduces the likelihood that the conduct will produce undesirable effects on the competitive process"; "[w]hether valid business reasons motivated a monopolist's conduct is a question of fact" for a factfinder
  9. Eklund v. Trost

    335 Mont. 112 (Mont. 2006)   Cited 25 times
    Holding that an officer had a duty to protect a person injured by the driver of a car the officer was pursuing in a high-speed chase because a special relationship existed based on statute
  10. Medco Energi US, L.L.C. v. Sea Robin Pipeline Co.

    729 F.3d 394 (5th Cir. 2013)   Cited 4 times
    Concluding that the plaintiff's claim against regulated entity for "misrepresentation about repair times, though ‘extra-contractual,’ involve the specific subject matter of the tariff [concerning interruptible pipeline service]"
  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 348,148 times   927 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 157,408 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 14 - Third-Party Practice

    Fed. R. Civ. P. 14   Cited 3,644 times   10 Legal Analyses
    Striking improper third-party claim is appropriate remedy
  14. Section 27-1-107 - Kinds of relief - when given

    Mont. Code § 27-1-107

    As a general rule, compensation is the relief or remedy provided by the law of this state for the violation of private rights and the means of securing their observance. Specific and preventive relief may be given only in those cases specified by statute. § 27-1-107, MCA En. Sec. 4260, Civ. C. 1895; re-en. Sec. 6038, Rev. C. 1907; re-en. Sec. 8657, R.C.M. 1921; Cal. Civ. C. Sec. 3274; re-en. Sec. 8657, R.C.M. 1935; R.C.M. 1947, 17-101; amd. Sec. 1, Ch. 12, L. 1979.