§Why CasetextPricing

Kay-Lu Llc et al v. Anigan Inc. et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

51 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 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 268,629 times   366 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. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,783 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,634 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  5. Sedima, S.P.R.L. v. Imrex Co.

    473 U.S. 479 (1985)   Cited 4,236 times   7 Legal Analyses
    Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

  6. Bonner v. City of Prichard

    661 F.2d 1206 (11th Cir. 1981)   Cited 16,093 times   2 Legal Analyses
    Holding that all decisions from the Fifth Circuit Court of Appeals issued prior to the close of business on September 30, 1981, are binding precedent in the Eleventh Circuit

  7. 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"

  8. Atlantic Richfield Co. v. USA Petroleum Co.

    495 U.S. 328 (1990)   Cited 837 times   6 Legal Analyses
    Holding that an antitrust injury is an injury that is "attributable to an anti-competitive aspect of the practice under scrutiny"

  9. Jackson v. Bellsouth Telecomms.

    372 F.3d 1250 (11th Cir. 2004)   Cited 1,797 times   1 Legal Analyses
    Holding that the same analysis applies to federal and Florida RICO claims

  10. Walker, Inc. v. Food Machinery

    382 U.S. 172 (1965)   Cited 878 times   24 Legal Analyses
    Holding that there may be a violation of the Sherman Act when a patent is procured by fraud, but recognizing that a patent is an exception to the general rule against monopolies

  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 348,148 times   927 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,081 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,946 times   60 Legal Analyses
    Specifying prohibited activities

  14. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,989 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  15. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,440 times   104 Legal Analyses
    Relating to mail fraud

  16. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 12,036 times   172 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  17. Section 1295 - Jurisdiction of the United States Court of Appeals for the Federal Circuit

    28 U.S.C. § 1295   Cited 8,334 times   92 Legal Analyses
    Granting jurisdiction to the Federal Circuit over cases arising from executive agency board of contract appeals

  18. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 2,927 times   69 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"