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Innovation Marine Protein, Llc et al v. Pacific Seafood Group et al

Motion to Dismiss for Failure to State a Claim . Oral Argument requested.

33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 times   279 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 266,542 times   365 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. Lacey v. Maricopa Cnty.

    693 F.3d 896 (9th Cir. 2012)   Cited 7,646 times
    Holding that "claims [that are] voluntarily dismissed" are "waived if not repled" in an amended complaint"

  4. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.

    429 U.S. 477 (1977)   Cited 2,063 times   20 Legal Analyses
    Holding that mere economic loss does not amount to an antitrust injury under the antitrust laws

  5. Cargill, Inc. v. Monfort of Colorado, Inc.

    479 U.S. 104 (1986)   Cited 679 times   5 Legal Analyses
    Holding that a Clayton Act plaintiff "must show a threat of antitrust injury" to warrant injunctive relief

  6. Car Carriers, Inc. v. Ford Motor Co.

    745 F.2d 1101 (7th Cir. 1984)   Cited 2,361 times
    Holding that a complaint may not be amended by briefs in opposition to a motion to dismiss

  7. Newcal Industries, Inc. v. IKON Office Solution

    513 F.3d 1038 (9th Cir. 2008)   Cited 850 times   2 Legal Analyses
    Holding that plaintiff who had already filed a fraud suit under the Sherman Act, Lanham Act, and RICO had standing to seek a declaration that the defendant's fraudulently procured contracts were invalid

  8. Somers ex rel. Herself v. Apple, Inc.

    729 F.3d 953 (9th Cir. 2013)   Cited 593 times   2 Legal Analyses
    Holding that plaintiff's theory was "implausible in the face of contradictory . . . facts alleged in her complaint"

  9. Twin Laboratories v. Weider Health Fitness

    900 F.2d 566 (2d Cir. 1990)   Cited 340 times
    Holding that an essential facility claim must allege "more than inconvenience, or even some economic loss"

  10. Jebaco v. Harrah's Operating

    587 F.3d 314 (5th Cir. 2009)   Cited 188 times
    Finding no horizontal restraint of trade when plaintiff would have suffered the same loss had a non-defendant purchased the assets

  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 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