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Feldman's Medical Center Pharmacy, Inc. et al v. CareFirst, Inc. et al

RESPONSE in Opposition re MOTION to Dismiss for Failure to State a Claim and Joinder in IBC Defendants' Motion to Dismiss, 36 MOTION to Dismiss Blue Cross Blue Shield Associations Motion to Dismiss Plaintiffs First Amended Complaint, 8 MOTION to Dismiss

84 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,033 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 267,838 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. Hishon v. King Spalding

    467 U.S. 69 (1984)   Cited 12,452 times   7 Legal Analyses
    Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

  4. Pilot Life Ins. Co. v. Dedeaux

    481 U.S. 41 (1987)   Cited 3,709 times   11 Legal Analyses
    Holding that civil enforcement scheme codified at § 502 is not to be supplemented by state law remedies

  5. Bender v. Williamsport Area School Dist

    475 U.S. 534 (1986)   Cited 2,905 times   1 Legal Analyses
    Holding that a school board member sued in his official capacity was bound by the board’s litigation decisions and could not file his own notice of appeal

  6. Ingersoll-Rand Co. v. McClendon

    498 U.S. 133 (1990)   Cited 1,874 times   5 Legal Analyses
    Holding that "[e]ven if there were no express pre-emption [under ERISA § 514(a)]" of the cause of action in that case, it "would be preempted because it conflict[ed] directly with an ERISA cause of action"

  7. New York State Blue Cross Plans v. Travelers Ins

    514 U.S. 645 (1995)   Cited 1,555 times   23 Legal Analyses
    Holding that a statute imposing a surcharge on "[p]atients served by commercial insurers providing in-patient hospital coverage on an expense-incurred basis, by self-insured funds directly reimbursing hospitals, and by certain workers' compensation, volunteer firefighters' benefit, ambulance workers' benefit, and no-fault motor vehicle insurance funds" . . . "cannot be said to make 'reference to' ERISA plans in any manner" because the surcharge applied "regardless of whether the commercial coverage or membership, respectively, [wa]s ultimately secured by an ERISA plan, private purchase, or otherwise"

  8. Eastern Shore Markets, Inc. v. J.D. Associates Ltd. Partnership

    213 F.3d 175 (4th Cir. 2000)   Cited 2,111 times
    Holding that review of order granting motion to dismiss under Rule 12(b) is de novo

  9. Nynex Corp. v. Discon, Inc.

    525 U.S. 128 (1998)   Cited 368 times   6 Legal Analyses
    Holding that a successful § 1 claim "must allege and prove harm, not just to a single competitor, but to the competitive process"

  10. Union Labor Life Ins. Co. v. Pireno

    458 U.S. 119 (1982)   Cited 447 times   8 Legal Analyses
    Holding that the use of a peer review committee to help set reasonable fees for chiropractic treatments did not constitute the business of insurance partly because the review committee was "not an integral part of the policy relationship between insurer and insured" and "involve[d] third parties wholly outside the insurance industry–namely, practicing chiropractors"

  11. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,322 times   170 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  12. Section 1144 - Other laws

    29 U.S.C. § 1144   Cited 6,986 times   51 Legal Analyses
    Saving clause

  13. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 2,918 times   69 Legal Analyses
    Making illegal "[e]very contract, combination ..., or conspiracy, in restraint of trade"

  14. Section 1012 - Regulation by State law; Federal law relating specifically to insurance; applicability of certain Federal laws after June 30, 1948

    15 U.S.C. § 1012   Cited 1,020 times   29 Legal Analyses
    Establishing an exception to the reverse preemption rule where federal law "specifically relates to the business of insurance."