§Why CasetextPricing

In Re: Rail Freight Fuel Surcharge Antitrust Litigation - MDL 1869

Memorandum in opposition to re MOTION for Protective Order And Memorandum of Law in Support Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Protective Order

20 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,563 times   364 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. Clinton v. Jones

    520 U.S. 681 (1997)   Cited 2,673 times   4 Legal Analyses
    Holding in Section 1983 action no absolute immunity for damages arising from "unofficial conduct"

  3. United States v. Marion

    404 U.S. 307 (1971)   Cited 3,577 times   2 Legal Analyses
    Holding that due process places some restraints on government delay in bringing an indictment

  4. Pagtalunan v. Galaza

    291 F.3d 639 (9th Cir. 2002)   Cited 4,272 times   1 Legal Analyses
    Holding that, on a 41(b) motion, it is within the district court's discretion to decide whether to dismiss when the balance is close

  5. Chavous v. District of Columbia Financial Responsibility & Management Assistance Authority

    201 F.R.D. 1 (D.D.C. 2001)   Cited 244 times
    Concluding that stay discovery pending a decision on a dispositive motion that may resolve the case "furthers the ends of economy and efficiency, since if either [parties'] dispositive motion is granted, there will be no need for discovery"

  6. In re Sulfuric Acid Antitrust Litig.

    231 F.R.D. 331 (N.D. Ill. 2005)   Cited 119 times
    Finding untimely motion to compel can only succeed by showing actual and substantial prejudice.

  7. Gerald Chamales Corp. v. Oki Data Americas, Inc.

    247 F.R.D. 453 (D.N.J. 2007)   Cited 49 times
    Denying motion to stay discovery, finding that non-moving party would be prejudiced

  8. United Presbyterian Ch. in U.S.A. v. Reagan

    738 F.2d 1375 (D.C. Cir. 1984)   Cited 91 times
    Holding that plaintiffs lacked standing to challenge the legality of an Executive Order relating to surveillance because “the 'chilling effect' which is produced by their fear of being subjected to illegal surveillance and which deters them from conducting constitutionally protected activities, is foreclosed as a basis for standing” by Laird

  9. Bridgestone/Firestone Research, Inc. v. Automobile Club de l'Ouest de la France

    245 F.3d 1359 (Fed. Cir. 2001)   Cited 51 times
    Holding that a petition for cancellation of a registered trademark was barred by the doctrine of laches based on the petitioner's constructive knowledge

  10. In re Netflix Antitrust Litigation

    506 F. Supp. 2d 308 (N.D. Cal. 2007)   Cited 25 times
    Finding a § 17200 claim based on inequitable conduct before the PTO preempted where “plaintiffs would merely be showing that [defendant] engaged in misconduct before the PTO”

  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 344,659 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 94,500 times   650 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  13. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,442 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

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

    15 U.S.C. § 1   Cited 2,894 times   64 Legal Analyses
    Making illegal "[e]very contract, combination ..., or conspiracy, in restraint of trade"