35 Cited authorities

Watterson v. Page
987 F.2d 1 (1st Cir. 1993) Cited 1,386 times
Holding that an allegation that a psychologist and a state social worker conspired to present false testimony and withhold material evidence from the court failed because all witnesses at judicial proceedings have an absolute immunity from damages liability based on their testimony
In re Warfarin Sodium Antitrust Litigation
391 F.3d 516 (3d Cir. 2004) Cited 666 times 7 Legal Analyses
Holding that TPPs had standing to assert antitrust claims because they suffered “direct and independent harm” as a result of paying supracompetitive prices for the defendant's drug regardless of any injury suffered by the consumer plaintiffs
Beddall v. State Street Bank and Trust Company
137 F.3d 12 (1st Cir. 1998) Cited 697 times
Holding that the district court properly considered an agreement on a Rule 12(b) motion where the agreement was not attached to the complaint nor incorporated therein, but the complaint discussed it, the defendant appended it to its 12(b) motion, and the plaintiff did not challenge its authenticity
In re Colonial Mortgage Bankers Corp.
324 F.3d 12 (1st Cir. 2003) Cited 461 times
Holding that a judge may dismiss a case based on the affirmative defense of claim preclusion if the defense is disclosed in “the complaint, the documents (if any) incorporated therein, matters of public record, and other matters of which the court may take judicial notice”; and (b) “the facts so gleaned ... conclusively establish the ... defense”
Talbot v. Robert Matthews Distributing Co.
961 F.2d 654 (7th Cir. 1992) Cited 443 times
Holding that the NLRA preempts a RICO claim when "the underlying conduct of the plaintiffs' RICO claim is wrongful only by virtue of the labor laws"
In re Cabletron Systems, Inc.
311 F.3d 11 (1st Cir. 2002) Cited 291 times 3 Legal Analyses
Holding a petition survived dismissal where scienter allegations included large-scale fraudulent practices over time as well as specific allegations of knowledge and actions by specific officers
Evans v. Pearson Enterprises, Inc.
434 F.3d 839 (6th Cir. 2006) Cited 239 times
Holding that a plaintiff "failed to plead reliance sufficiently and therefore is unable to state a claim for fraud" despite alleging in "her complaint that she 'relied implicitly on the representations' "
Miranda v. Ponce Federal Bank
948 F.2d 41 (1st Cir. 1991) Cited 298 times
Holding that injury at issue—plaintiff's loss of employment—was not itself direct result of alleged predicate act
Vasquez v. Superior Court
4 Cal.3d 800 (Cal. 1971) Cited 459 times
Holding that reliance could be inferred on a classwide basis where all plaintiffs were induced by specific, uniform misrepresentations to purchase freezers and frozen food
New England Data Services, Inc. v. Becher
829 F.2d 286 (1st Cir. 1987) Cited 278 times
Holding that, although First Circuit precedent requires that dates and times of mail or wire communications be pleaded, it is often "unreasonable" to dismiss a complaint on this basis without first allowing a period of discovery
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
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 14,950 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1396b - Payment to States
42 U.S.C. § 1396b Cited 617 times 5 Legal Analyses
Setting forth, inter alia, requirements of state Medicaid fraud units
Section 1396r-8 - Payment for covered outpatient drugs
42 U.S.C. § 1396r-8 Cited 221 times 32 Legal Analyses
Listing as approved “compendia” the American Hospital Formulary Service Drug Information, the United States Pharmacopeia–Drug Information (or its successor publications), and the DRUGDEX Information System

Harden Manufacturing Corporation v. Pfizer, Inc. et al

35 Cited authorities

Holding that an allegation that a psychologist and a state social worker conspired to present false testimony and withhold material evidence from the court failed because all witnesses at judicial proceedings have an absolute immunity from damages liability based on their testimony

Holding that TPPs had standing to assert antitrust claims because they suffered “direct and independent harm” as a result of paying supracompetitive prices for the defendant's drug regardless of any injury suffered by the consumer plaintiffs

Holding that the district court properly considered an agreement on a Rule 12(b) motion where the agreement was not attached to the complaint nor incorporated therein, but the complaint discussed it, the defendant appended it to its 12(b) motion, and the plaintiff did not challenge its authenticity

Holding that the NLRA preempts a RICO claim when "the underlying conduct of the plaintiffs' RICO claim is wrongful only by virtue of the labor laws"

Holding a petition survived dismissal where scienter allegations included large-scale fraudulent practices over time as well as specific allegations of knowledge and actions by specific officers

Holding that a plaintiff "failed to plead reliance sufficiently and therefore is unable to state a claim for fraud" despite alleging in "her complaint that she 'relied implicitly on the representations' "

Holding that injury at issue—plaintiff's loss of employment—was not itself direct result of alleged predicate act

Holding that reliance could be inferred on a classwide basis where all plaintiffs were induced by specific, uniform misrepresentations to purchase freezers and frozen food

Holding that, although First Circuit precedent requires that dates and times of mail or wire communications be pleaded, it is often "unreasonable" to dismiss a complaint on this basis without first allowing a period of discovery

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Defining what the terms “person” and “enterprise” include

Setting forth, inter alia, requirements of state Medicaid fraud units

Listing as approved “compendia” the American Hospital Formulary Service Drug Information, the United States Pharmacopeia–Drug Information (or its successor publications), and the DRUGDEX Information System