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Garber et al v. Office of the Commissioner of Baseball, Major League Baseball Enterprises Inc et al

MEMORANDUM OF LAW in Opposition re: 65 MOTION to Dismiss Complaint Pursuant to Rule 12

91 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,542 times   365 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' "

  2. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,029 times   33 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  3. Eastman Kodak Co. v. Image Technical Services, Inc.

    504 U.S. 451 (1992)   Cited 2,287 times   16 Legal Analyses
    Holding that "it is clearly reasonable to infer that [the defendant] has market power to raise prices and drive out competition in the aftermarkets" for service and parts despite an undisputed lack of market power in the initial product

  4. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.

    429 U.S. 477 (1977)   Cited 2,063 times   20 Legal Analyses
    Holding that mere economic loss does not amount to an antitrust injury under the antitrust laws

  5. Copperweld Corp. v. Independence Tube Corp.

    467 U.S. 752 (1984)   Cited 1,433 times   29 Legal Analyses
    Holding that a parent and a wholly owned subsidiary have a "complete unity of interest" because "their objectives are common" and "their general corporate actions are guided or determined not by two separate corporate consciousness, but one"

  6. Zenith Corp. v. Hazeltine

    395 U.S. 100 (1969)   Cited 2,446 times   7 Legal Analyses
    Holding that the district court erred when it enjoined a nonparty that was never determined to be in active concert with a defendant

  7. Illinois Brick Co. v. Illinois

    431 U.S. 720 (1977)   Cited 1,287 times   61 Legal Analyses
    Holding that indirect purchasers cannot recover damages under federal antitrust law

  8. Continental T. V., Inc. v. GTE Sylvania Inc.

    433 U.S. 36 (1977)   Cited 991 times   15 Legal Analyses
    Holding that vertical nonprice restraints are subject to the rule of reason

  9. Cargill, Inc. v. Monfort of Colorado, Inc.

    479 U.S. 104 (1986)   Cited 679 times   5 Legal Analyses
    Holding that a Clayton Act plaintiff "must show a threat of antitrust injury" to warrant injunctive relief

  10. National Collegiate Athletic Ass'n v. Board of Regents of the University of Oklahoma

    468 U.S. 85 (1984)   Cited 664 times   31 Legal Analyses
    Holding that NCAA restrictions on televising college football games are subject to Rule of Reason analysis for the “critical” reason that “horizontal restraints on competition are essential if the product is to be available at all”

  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 345,805 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 26 - Injunctive relief for private parties; exception; costs

    15 U.S.C. § 26   Cited 1,450 times   1 Legal Analyses
    Authorizing injunctive relief against "threatened loss or damage by a violation of the antitrust laws"

  13. Section 1291 - Exemption from antitrust laws of agreements covering the telecasting of sports contests and the combining of professional football leagues

    15 U.S.C. § 1291   Cited 44 times
    Exempting certain sports telecasts from antitrust laws