§Why CasetextPricing

Keim v. ADF Midatlantic, LLC et al

MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM for which relief can be granted, with incorporated memorandum of law

43 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,314 times   280 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 269,063 times   367 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. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,078 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,794 times   601 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

  5. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,935 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  6. Lewis v. Continental Bank Corp.

    494 U.S. 472 (1990)   Cited 3,335 times   7 Legal Analyses
    Holding mootness destroys subject-matter jurisdiction

  7. Raines v. Byrd

    521 U.S. 811 (1997)   Cited 1,779 times   10 Legal Analyses
    Holding specifically and only that "individual members of Congress [lack] Article III standing"

  8. Flast v. Cohen

    392 U.S. 83 (1968)   Cited 3,144 times   3 Legal Analyses
    Holding that taxpayers have an adequate stake in the outcome of Establishment Clause litigation to satisfy Article III standing requirements, after stating that "[o]ur history vividly illustrates that one of the specific evils feared by those who drafted the Establishment Clause and fought for its adoption was that the taxing and spending power would be used to favor one religion over another or to support religion in general"

  9. Gulf Oil Co. v. Bernard

    452 U.S. 89 (1981)   Cited 1,432 times   11 Legal Analyses
    Holding that, in considering a proposal to certify a class, the district court's discretion is "bounded by the relevant provisions of the Federal Rules"

  10. American Dental Assoc. v. Cigna Corp.

    605 F.3d 1283 (11th Cir. 2010)   Cited 1,586 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

  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 348,617 times   930 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 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,693 times   736 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

  13. Rule 68 - Offer of Judgment

    Fed. R. Civ. P. 68   Cited 3,880 times   163 Legal Analyses
    Granting costs incurred after plaintiff rejected less favorable offer by defendant