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Kallemeyn Collision Center, Inc. et al v. 21st Century Centennial Insurance Company et al

MOTION to Dismiss 130 First Amended Complaint

25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,860 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 265,830 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. Copperweld Corp. v. Independence Tube Corp.

    467 U.S. 752 (1984)   Cited 1,434 times   29 Legal Analyses
    Holding that a parent and a wholly owned subsidiary have a "complete unity of interest" because "their objectives are common" and "their general corporate actions are guided or determined not by two separate corporate consciousness, but one"

  4. American Dental Assoc. v. Cigna Corp.

    605 F.3d 1283 (11th Cir. 2010)   Cited 1,578 times
    Holding that the district court properly dismissed plaintiffs' § 1962(c) claims because plaintiffs had not sufficiently pled the acts of mail and wire fraud alleged to form a pattern of racketeering activity

  5. In re Insurance Brokerage Antitrust Litigation

    618 F.3d 300 (3d Cir. 2010)   Cited 1,457 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

  6. Kendall v. Visa

    518 F.3d 1042 (9th Cir. 2008)   Cited 572 times   3 Legal Analyses
    Holding that leave to amend would be futile where plaintiff was granted leave to amend once before and the amended complaint contained the same deficiencies as the prior complaint

  7. Jacobs v. Tempur-Pedic Intern

    626 F.3d 1327 (11th Cir. 2010)   Cited 372 times
    Holding an allegation insufficient that stated plaintiff's resale price fixing agreements "have unreasonably restrained, do unreasonably restrain, and will continue to unreasonably restrain trade and commerce in the visco-elastic mattress market ... by eliminating price competition" (omission in original)

  8. In re Travel Agent Com'n. Antst. Litig

    583 F.3d 896 (6th Cir. 2009)   Cited 357 times
    Holding that plaintiffs' claims relying on "indeterminate assertions" that "defendants" or "defendants' executives" participated in the alleged conspiracy were insufficient under Twombly

  9. Goldstein v. MCI WorldCom

    340 F.3d 238 (5th Cir. 2003)   Cited 311 times
    Holding complaint presenting "what could best be described as allegations of mismanagement," or even "gross mismanagement," failed to allege severe recklessness of any individual

  10. Williamson Oil Co. v. Philip Morris USA

    346 F.3d 1287 (11th Cir. 2003)   Cited 290 times   1 Legal Analyses
    Holding that moving party bears the initial burden of establishing there is no genuine dispute as to any material fact

  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 344,948 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 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 2,897 times   66 Legal Analyses
    Making illegal "[e]very contract, combination ..., or conspiracy, in restraint of trade"