§Why CasetextPricing

Llacua et al v. Western Range Association et al

MOTION to Dismiss Plaintiffs' First Amended Complaint and Memorandum in Support

34 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 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 268,776 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. Robbins v. Oklahoma

    519 F.3d 1242 (10th Cir. 2008)   Cited 5,756 times   1 Legal Analyses
    Holding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"

  4. Hemi Group, LLC v. City of New York

    559 U.S. 1 (2010)   Cited 766 times   2 Legal Analyses
    Holding that the defendant retailer's failure to make state-law-required disclosures that would make it easier for the City to recover delinquent taxes did not proximately cause the City's injury, which more directly came from the delinquent taxpayers themselves

  5. Touche Ross Co. v. Redington

    442 U.S. 560 (1979)   Cited 1,721 times   1 Legal Analyses
    Holding that the "central inquiry remains whether Congress intended to create, whether expressly or by implication, a private cause of action."

  6. Monsanto Co. v. Spray-Rite Service Corp.

    465 U.S. 752 (1984)   Cited 1,187 times   20 Legal Analyses
    Holding that a plaintiff in a vertical price-fixing case must produce evidence which "tends to exclude the possibility of independent action"

  7. Transamerica Mortgage Advisors, Inc. v. Lewis

    444 U.S. 11 (1979)   Cited 1,334 times   6 Legal Analyses
    Holding that Congress did not provide a private right of action for § 80b-6 because the statute expressly provided other means of enforcing compliance with its terms

  8. Brooke Group Ltd. v. Brown Williamson Tobacco Corp.

    509 U.S. 209 (1993)   Cited 730 times   19 Legal Analyses
    Holding that "tacit collusion" of participants in oligopolistic market to raise prices in response to higher costs is "not in itself unlawful"

  9. Mine Workers v. Pennington

    381 U.S. 657 (1965)   Cited 1,627 times   20 Legal Analyses
    Holding that immunity extends to petitioning conduct “either standing alone or as part of a broader scheme”

  10. Eastern R. Conf. v. Noerr Motors

    365 U.S. 127 (1961)   Cited 1,890 times   24 Legal Analyses
    Holding that antitrust laws do not apply to businesses combining to lobby the government, even where such conduct has an anticompetitive purpose and an anticompetitive effect, because the alternative "would raise important constitutional questions" under the First Amendment

  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 348,310 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. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,128 times   1237 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  13. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,991 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  14. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,109 times   42 Legal Analyses
    Granting civil remedies for RICO violation

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

    15 U.S.C. § 1   Cited 2,932 times   70 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"

  16. Section 291 - Authorization of associations; powers

    7 U.S.C. § 291   Cited 175 times   4 Legal Analyses

    Persons engaged in the production of agricultural products as farmers, planters, ranchmen, dairymen, nut or fruit growers may act together in associations, corporate or otherwise, with or without capital stock, in collectively processing, preparing for market, handling, and marketing in interstate and foreign commerce, such products of persons so engaged. Such associations may have marketing agencies in common; and such associations and their members may make the necessary contracts and agreements

  17. Section 49 - United States Employment Service established

    29 U.S.C. § 49   Cited 127 times

    In order to promote the establishment and maintenance of a national system of public employment service offices, the United States Employment Service shall be established and maintained within the Department of Labor. 29 U.S.C. § 49 June 6, 1933, ch. 49, §1, 48 Stat. 113; Pub. L. 97-300, title VI, §601(a), formerly title V, §501(a), Oct. 13, 1982, 96 Stat. 1392; renumbered title VI, §601(a), Pub. L. 100-628, title VII, §712(a)(1), (2), Nov. 7, 1988, 102 Stat. 3248; Pub. L. 113-128, title III, §301

  18. Section 655.122 - [Effective 6/28/2024] Contents of job offers

    20 C.F.R. § 655.122   Cited 72 times   2 Legal Analyses
    Requiring an employer to disclose the terms of the work contract to workers engaged in qualifying H-2A work during the contract period