§Why CasetextPricing

Jean-Charles v. Perlitz et al

Memorandum in Support re MOTION to Dismiss

45 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,360 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 265,336 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' "

  3. Perodeau v. Hartford

    259 Conn. 729 (Conn. 2002)   Cited 477 times   1 Legal Analyses
    Holding that an employer "may not be found liable for negligent infliction of emotional distress arising out of conduct occurring within a continuing employment context, as distinguished from conduct occurring in the termination of employment."

  4. Macomber v. Travelers Property Casualty Corp.

    261 Conn. 620 (Conn. 2002)   Cited 446 times
    Holding that in context of settling claims, no duty exists between insurer and third party claimant because "such a duty would interfere with the insurer's ability to act primarily for the benefit of its insured"

  5. Hi-Ho Tower, Inc. v. Com-Tronics, Inc.

    255 Conn. 20 (Conn. 2000)   Cited 453 times
    Holding that “technical expertise” or “[s]uperior skill and knowledge alone do not create a fiduciary duty among parties involved in a business transaction”

  6. A-G Foods, Inc. v. Pepperidge Farm, Inc.

    216 Conn. 200 (Conn. 1990)   Cited 439 times   2 Legal Analyses
    Holding that a trade practice does not cause a substantial injury under CUTPA if a consumer could have reasonably avoided it

  7. Missel v. County of Monroe

    351 F. App'x 543 (2d Cir. 2009)   Cited 204 times
    Holding that a § 1983 claim based on a failure to train must "plausibly allege[] that a municipal policymaker was knowingly and deliberately indifferent to the possibility that its officers were wont to violate constitutional rights"

  8. Jaworski v. Kiernan

    241 Conn. 399 (Conn. 1997)   Cited 198 times
    Holding first that injuries sustained during contact sports were foreseeable, then deciding that public policy insulated the defendant from liability for those injuries

  9. Wesley v. Schaller Subaru

    277 Conn. 526 (Conn. 2006)   Cited 148 times
    Holding that an agency relationship did not exist between a car dealership and a financing company because the financing company “does not control the actual negotiation of the initial transaction” between the dealership and its customers

  10. Murdock v. Croughwell

    268 Conn. 559 (Conn. 2004)   Cited 131 times
    Finding that the Hartford chief of police did not owe a duty to an off duty officer to protect him from harm resulting from the action of another off duty officer

  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 344,399 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. Section 1591 - Sex trafficking of children or by force, fraud, or coercion

    18 U.S.C. § 1591   Cited 2,576 times   21 Legal Analyses
    Defining serious harm as "any harm, whether physical or nonphysical, including psychological [or] financial . . . harm, that is sufficiently serious . . . to compel a reasonable person of the same background and in the same circumstances to perform . . . commercial sexual activity in order to avoid incurring that harm"

  13. Section 2423 - Transportation of minors

    18 U.S.C. § 2423   Cited 2,072 times   12 Legal Analyses
    Punishing the offender who "knowingly [(adverb)] transports [(verb)] an individual [(direct object)] who has not attained the age of 18 years" (modifier of direct object)

  14. Section 1595 - Civil remedy

    18 U.S.C. § 1595   Cited 622 times   12 Legal Analyses
    Authorizing lawsuits against those who "benefit ... from participation in a [trafficking] venture"

  15. Section 14503 - Limitation on liability for volunteers

    42 U.S.C. § 14503   Cited 72 times   2 Legal Analyses
    Limiting liability for volunteers under federal law

  16. Section 1596 - Additional jurisdiction in certain trafficking offenses

    18 U.S.C. § 1596   Cited 29 times   1 Legal Analyses

    (a) IN GENERAL.-In addition to any domestic or extra-territorial jurisdiction otherwise provided by law, the courts of the United States have extra-territorial jurisdiction over any offense (or any attempt or conspiracy to commit an offense) under section 1581, 1583, 1584, 1589, 1590, or 1591 if- (1) an alleged offender is a national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101 of the Immigration and Nationality Act (8 U.S.C

  17. Section 52-557m - Immunity from liability of directors, officers and trustees of nonprofit tax-exempt organizations

    Conn. Gen. Stat. § 52-557m   Cited 3 times

    Any person who serves as a director, officer or trustee of a nonprofit organization qualified as a tax-exempt organization under Section 501(c) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, and who is not compensated for such services on a salary or prorated equivalent basis, shall be immune from civil liability for damage or injury occurring on or after October 1, 1987, resulting from any act, error

  18. Section 33-1080 - Requirements for and duties of board of directors

    Conn. Gen. Stat. § 33-1080

    (a) Each corporation shall have a board of directors. (b) All corporate powers shall be exercised by or under the authority of, and the activities, property and affairs of the corporation managed by or under the direction of, its board of directors, subject to any limitation set forth in the certificate of incorporation. Conn. Gen. Stat. § 33-1080 ( P.A. 96-256, S. 56, 209.)