§Why CasetextPricing

Gomba Music Inc. v. Avant et al

MOTION to Dismiss Plaintiffs' Amended Complaint pursuant to Fed. R. Civ. P. 12

33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 times   280 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 268,776 times   367 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. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,095 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  4. Directv, Inc. v. Tyreesh

    487 F.3d 471 (6th Cir. 2007)   Cited 2,329 times
    Holding that Kentucky's taxing scheme designed to attract certain kinds of business did not violate the dormant Commerce Clause

  5. Amini v. Oberlin Coll.

    259 F.3d 493 (6th Cir. 2001)   Cited 1,675 times   3 Legal Analyses
    Holding that in a state with its own employment-discrimination laws, like Tennessee, a plaintiff must file a complaint with the EEOC within 300 days of an alleged discriminatory act

  6. Meyer & Anna Prentis Family Foundation, Inc. v. Barbara Ann Karmanos Cancer Institute

    266 Mich. App. 39 (Mich. Ct. App. 2005)   Cited 203 times   1 Legal Analyses
    Finding that if a fact material to the cause of action “were discoverable from public records, then MCL 600.5855 would not operate to toll the period of limitations.”

  7. Servo Kinetics v. Tokyo Precision Instr

    475 F.3d 783 (6th Cir. 2007)   Cited 105 times
    Finding no tortious interference where parent owned ninety-eight percent of the other company and there was sufficient evidence to pierce the corporate veil

  8. Moll v. Abbott Laboratories

    444 Mich. 1 (Mich. 1993)   Cited 152 times
    Holding that accrual begins when a plaintiff "discovers or, through the exercise of reasonable diligence, should have discovered that he has a possible cause of action"

  9. Fonar Corporation v. Domenick

    105 F.3d 99 (2d Cir. 1997)   Cited 137 times
    Holding that a set of computer programs was in an orderly form but without providing a definition of that term

  10. Donald Frederick Evans v. Continental Homes

    785 F.2d 897 (11th Cir. 1986)   Cited 184 times
    Holding that there is no private right of action under 17 U.S.C. § 506(c), which was intended to be only a criminal statute

  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 348,310 times   930 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 600.5805 - Injuries to persons or property; period of limitations; "adjudication, " "criminal sexual conduct, " and "dating relationship" defined

    Mich. Comp. Laws § 600.5805   Cited 1,838 times   9 Legal Analyses
    Establishing applicable statute of limitations period as three years

  13. Section 600.5813 - Other personal actions

    Mich. Comp. Laws § 600.5813   Cited 347 times
    Requiring that actions for innocent and negligent misrepresentation be brought within six years from the date the claim accrues

  14. Section 506 - Criminal offenses

    17 U.S.C. § 506   Cited 274 times   13 Legal Analyses
    Criminalizing fraudulent use of copyright notice

  15. Section 600.5855 - Fraudulent concealment of claim or identity of person liable; discovery

    Mich. Comp. Laws § 600.5855   Cited 276 times   3 Legal Analyses

    If a person who is or may be liable for any claim fraudulently conceals the existence of the claim or the identity of any person who is liable for the claim from the knowledge of the person entitled to sue on the claim, the action may be commenced at any time within 2 years after the person who is entitled to bring the action discovers, or should have discovered, the existence of the claim or the identity of the person who is liable for the claim, although the action would otherwise be barred by

  16. Section 450.1911 - Annual report; filing date; contents; exception; information unchanged

    Mich. Comp. Laws § 450.1911   Cited 5 times

    (1) A domestic corporation and each foreign corporation subject to chapter 10 shall file a report with the administrator no later than May 15 of each year. The report shall be on a form approved by the administrator, signed by an authorized officer or agent of the corporation, and contain all of the following information: (a) The name of the corporation. (b) The name of its resident agent and address of its registered office in this state. (c) The names and addresses of its president, secretary,

  17. Section 600.8555 - [Repealed]

    Mich. Comp. Laws § 600.8555

    MCL 600.8555 Repealed. 2005, Act 326, Imd. Eff. 12/27/2005. Add. 1968, Act 154, Imd. Eff. June 17, 1968.