§Why CasetextPricing

Inserra Supermarkets, Inc. v. The Stop & Shop Supermarket Company, Inc. et al

BRIEF in Opposition

47 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. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,815 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  4. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,081 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  5. Malleus v. George

    641 F.3d 560 (3d Cir. 2011)   Cited 2,626 times   1 Legal Analyses
    Holding inquiry is normally broken into three parts: identifying the elements of a claim, reviewing the complaint to strike conclusory allegations, and then looking at the well-pleaded components of the complaint and evaluating whether all of the elements identified in part one of the inquiry are sufficiently alleged.

  6. Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.

    508 U.S. 49 (1993)   Cited 1,131 times   42 Legal Analyses
    Holding litigants immune from an antitrust claim under Noerr-Pennington immunity

  7. Zenith Radio Corp. v. Hazeltine Research

    401 U.S. 321 (1971)   Cited 2,497 times   5 Legal Analyses
    Holding that claims based on continuing conspiracies accrue each time "a defendant commits an act that injures a plaintiffs business"

  8. Hedges v. U.S.

    404 F.3d 744 (3d Cir. 2005)   Cited 2,926 times
    Holding the SIAA's two-year statute of limitations, previously codified at 46 U.S.C. § 745, was not jurisdictional and therefore subject to equitable tolling

  9. California Transport v. Trucking Unlimited

    404 U.S. 508 (1972)   Cited 1,580 times   7 Legal Analyses
    Holding "the right to petition extends to all departments of the Government," including the courts

  10. In re Insurance Brokerage Antitrust Litigation

    618 F.3d 300 (3d Cir. 2010)   Cited 1,460 times   4 Legal Analyses
    Holding that per se "hub and spoke" theory was not properly pled when complaint detailed specific agreements between multiple insurers and a single broker, but did not allege facts such that the court could infer that the insurers had agreed horizontally to enter into their respective agreements with the broker

  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

  12. Section 15b - Limitation of actions

    15 U.S.C. § 15b   Cited 898 times   2 Legal Analyses
    Establishing a four-year limitations period for antitrust claims

  13. Section 47:1A-6 - Proceeding to challenge denial of access to record

    N.J. Stat. § 47:1A-6   Cited 179 times
    Authorizing requestor to challenge denial of access in Superior Court or Government Records Council

  14. Section 39:3-84 - Vehicles, dimensional, weight limitations; routes, certain; prohibited

    N.J. Stat. § 39:3-84   Cited 29 times
    Fixing the maximum dimensions and weight for trailers

  15. Section 40:27-6.6 - Review and approval of site plans for land development along county roads or affecting county drainage facilities

    N.J. Stat. § 40:27-6.6   Cited 8 times
    Authorizing county planning boards to impose off-tract obligations on developers

  16. Rule 4:69 - Actions in Lieu of Prerogative Writs

    N.J. Ct. R. 4:69   Cited 41 times

    Rule 4:69-1. Actions in Superior Court, Law Division Review, hearing and relief heretofore available by prerogative writs and not available under R. 2:2-3 or R. 8:2 shall be afforded by an action in the Law Division, Civil Part, of the Superior Court. The complaint shall bear the designation "In Lieu of Prerogative Writs". Rule 4:69-2. Motion for Summary Judgment If the complaint demands the performance of a ministerial act or duty, the plaintiff may, at any time after the filing of the complaint