MEMORANDUM OF LAW in Opposition re: 75 MOTION to Dismiss The Second Consolidated Amended Complaint And To Strike Portions of the Second Consolidated Amended Complaint.. Document
550 U.S. 544 (2007) Cited 269,419 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' "
475 U.S. 574 (1986) Cited 113,594 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
457 U.S. 991 (1982) Cited 2,810 times 7 Legal Analyses
Holding that nursing home is not a state actor in part because provision of nursing home services is not a traditional and exclusive sovereign function
414 U.S. 488 (1974) Cited 4,116 times 5 Legal Analyses
Holding that "[p]ast exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief ... if unaccompanied by any continuing, present adverse effects"
527 U.S. 815 (1999) Cited 935 times 18 Legal Analyses
Holding that "a fairness hearing under Rule 23(e) is no substitute for rigorous adherence to those provisions of the Rule designed to protect absentees"
Unfair or deceptive trade practices and unconscionable trade practices in the conduct of any trade or commerce are unlawful. NMS § 57-12-3 1953 Comp., § 49-15-3, enacted by Laws 1967, ch. 268, § 3; 1971, ch. 240, § 2.