§Why CasetextPricing

Marrero-Rolon et al v. Autoridad de Energia Electrica et al

MOTION to dismiss Plaintiff's Class Action Complaint and Memorandum of Law in Support as to Ismael Marrero-Rolon

64 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,785 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 265,756 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. United States v. Turkette

    452 U.S. 576 (1981)   Cited 2,714 times   2 Legal Analyses
    Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity

  4. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,662 times   8 Legal Analyses
    Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers

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

    559 U.S. 1 (2010)   Cited 761 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

  6. Anza v. Ideal Steel Supply Corp.

    547 U.S. 451 (2006)   Cited 848 times   5 Legal Analyses
    Holding that a business could not recover against its competitor for a scheme to defraud the New York State tax authority that allowed the defendant to undercut the plaintiff's prices

  7. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,853 times   3 Legal Analyses
    Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

  8. Cedric Kushner Promotions, Ltd. v. King

    533 U.S. 158 (2001)   Cited 729 times   5 Legal Analyses
    Holding person who is a corporate owner or employee is distinct from the corporation itself

  9. Agency Holding Corp. v. Malley-Duff Assocs

    483 U.S. 143 (1987)   Cited 1,183 times   1 Legal Analyses
    Holding that civil RICO actions are subject to a four-year statute of limitations

  10. Illinois Brick Co. v. Illinois

    431 U.S. 720 (1977)   Cited 1,286 times   61 Legal Analyses
    Holding that indirect purchasers cannot recover damages under federal antitrust law

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 485,542 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. 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 344,855 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

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,849 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  14. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,844 times   59 Legal Analyses
    Specifying prohibited activities

  15. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,922 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  16. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,079 times   40 Legal Analyses
    Granting civil remedies for RICO violation