Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,776 times 367 Legal AnalysesHolding 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' "
Lee v. City of L.A.
250 F.3d 668 (9th Cir. 2001) Cited 10,666 times 5 Legal AnalysesHolding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"
Robertson v. Dean Witter Reynolds, Inc.
749 F.2d 530 (9th Cir. 1984) Cited 1,552 timesHolding that voluntary dismissal of causes of action not covered by summary judgment order creates an appealable final order
Gage v. HSM Electronic Protection Services, Inc.
655 F.3d 821 (8th Cir. 2011) Cited 49 timesStating that it was unnecessary to consider cases from the state court of appeals in view of applicable precedent from the state supreme court
Chubb Group of Ins. Companies v. H.A. Transp. Systems, Inc.
243 F. Supp. 2d 1064 (C.D. Cal. 2002) Cited 61 timesHolding defendant was a broker where the bill of lading identifying defendant as the carrier was written by third party and there was no showing that defendant represented to plaintiff that it would transport the items itself; instead, defendant's actions were consistent with those of a broker
Alpine Fresh, Inc. v. Jala Trucking Corp.
181 F. Supp. 3d 250 (D.N.J. 2016) Cited 32 times 1 Legal AnalysesFinding ICCTA/FAAAA preemption because negligent hiring claim was related to the intrastate services of the broker
Ameriswiss Technology, LLC v. Midway Line of Illinois, Inc.
888 F. Supp. 2d 197 (D.N.H. 2012) Cited 26 times 1 Legal AnalysesHolding that the shipper's tort claims against the broker - Robinson - were expressly preempted by 49 U.S.C. § 14501(c)
St. Jude Med. S.C., Inc. v. Biosense Webster, Inc.
818 F.3d 785 (8th Cir. 2016) Cited 10 times 1 Legal AnalysesNoting that under Minnesota law, a contractual choice-of-law provision will govern, absent bad faith or an intent to evade the law
Belnick, Inc. v. TBB Global Logistics, Inc.
106 F. Supp. 3d 551 (M.D. Pa. 2015) Cited 10 timesHolding state law tort claims against broker only expressly preempted
Marx Cos. v. W. Trans Logistics, Inc.
Civil Action No. 14-751 (JAP) (D.N.J. Jan. 20, 2015) Cited 3 timesFinding that negligence claims relating to the services of a broker were expressly preempted by 49 U.S.C. § 14501, and noting that a claim for breach of the covenant of good faith and fair dealing "would be preempted as being outside the confines of the express contractual agreement between the parties"
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 112,046 times 572 Legal AnalysesHolding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 28,033 times 197 Legal AnalysesFinding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
Section 14706 - Liability of carriers under receipts and bills of lading
49 U.S.C. § 14706 Cited 1,325 times 11 Legal AnalysesProviding that a "carrier ... that delivers the property and is providing transportation or service subject to jurisdiction under [the Carmack Amendment] ... [is] liable to the person entitled to recover"
Section 14501 - Federal authority over intrastate transportation
49 U.S.C. § 14501 Cited 685 times 31 Legal AnalysesGranting a limited exemption to a state or its political subdivisions from the federally preempted regulation of the towing industry by permitting a state or its political subdivisions to regulate nonconsent tow fees
Section 13902 - Registration of motor carriers
49 U.S.C. § 13902 Cited 82 times 2 Legal AnalysesAddressing registration of motor carriers