§Why CasetextPricing

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

MEMORANDUM re Joint MOTION to Dismiss INDIRECT PURCHASER PLAINTIFFS CONSOLIDATED AMENDED COMPLAINT

125 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,662 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. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,747 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  3. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,839 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  4. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,011 times   33 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  5. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,412 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"

  6. Sosa v. Alvarez-Machain

    542 U.S. 692 (2004)   Cited 1,163 times   16 Legal Analyses
    Holding that no "private cause of action" had been Congressionally authorized, and thus, plaintiff was "not entitled to a remedy"

  7. Blum v. Yaretsky

    457 U.S. 991 (1982)   Cited 2,785 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

  8. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,359 times   18 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues

  9. Goshen v. Mut. Life Ins. Co. of New York

    98 N.Y.2d 314 (N.Y. 2002)   Cited 3,362 times   1 Legal Analyses
    Holding that disclaimers "do not establish a defense as a matter of law"

  10. Lum v. Bank of Am.

    361 F.3d 217 (3d Cir. 2004)   Cited 2,083 times   1 Legal Analyses
    Holding that "mak[ing] general claims that defendants misrepresented that the prime rate is the lowest rate charged to their most creditworthy customers" does not satisfy the Rule 9(b) standard because "they do not indicate the date, time, or place of the alleged misrepresentations, the financial transactions in connection with which these misrepresentations were made, or who made the misrepresentation to whom"

  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 344,767 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,637 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,845 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  14. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,798 times   315 Legal Analyses
    Prohibiting unlawful business practices

  15. Section 10101 - Rail transportation policy

    49 U.S.C. § 10101   Cited 785 times   15 Legal Analyses
    Articulating objective of "promot[ing] a safe and efficient rail transportation system by allowing rail carriers to earn adequate revenues"

  16. Section 10501 - General jurisdiction

    49 U.S.C. § 10501   Cited 538 times   21 Legal Analyses
    Assigning exclusive jurisdiction over "transportation by rail carriers" and "the construction ... operation ... of ... tracks" to the Surface Transportation Board

  17. Section 10102 - Definitions

    49 U.S.C. § 10102   Cited 379 times
    Defining "transportation" for purposes of the Act

  18. Section 50-623 - Kansas consumer protection act; purpose; construction

    Kan. Stat. § 50-623   Cited 342 times
    Outlining policy bases of KCPA

  19. Section 4-88-101 - Applicability of chapter

    Ark. Code § 4-88-101   Cited 195 times   4 Legal Analyses
    Providing that the ADTPA does not apply to actions or transactions "permitted under laws administered by... a regulatory body"

  20. Section 28-3905 - Complaint procedures

    D.C. Code § 28-3905   Cited 133 times   3 Legal Analyses
    Providing that “public interest organization may, on behalf of the interests of a consumer or class of consumers, bring an action seeking relief from the use by any person of a trade practice in violation of a law of the District if the consumer or class could bring an action under subparagraph of this paragraph for relief from such use by such person or such trade practice”