§Why CasetextPricing

Meyer v. Colavita USA, LLC et al

REPLY to Response to Motion re Defendant's MOTION to Dismiss 7 Status Report , Exhibit #2 - Class Action Complaint MOTION to Strike Allegations

22 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,544 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 266,461 times   365 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. Vermont Agency of Nat. Res. v. U.S. ex rel. Stevens

    529 U.S. 765 (2000)   Cited 1,597 times   31 Legal Analyses
    Holding that States are not subject to private FCA actions

  4. Sinaltrainal v. Coca-Cola Co.

    578 F.3d 1252 (11th Cir. 2009)   Cited 1,154 times   4 Legal Analyses
    Holding that a complaint fails to state a claim unless the well-pled factual allegations of the complaint nudge the claims across the line from conceivable to plausible

  5. Davila v. Delta Air Lines, Inc.

    326 F.3d 1183 (11th Cir. 2003)   Cited 854 times   1 Legal Analyses
    Holding that conclusory allegations, unwarranted factual deduction, or legal conclusions masquerading as facts will not prevent dismissal

  6. Parker v. Time Warner Entertainment Co., L.P.

    331 F.3d 13 (2d Cir. 2003)   Cited 176 times   5 Legal Analyses
    Holding class certification should be assessed at the time of a hearing conducted after a certification motion has been filed

  7. Zlotnick v. Premier Sales

    480 F.3d 1281 (11th Cir. 2007)   Cited 101 times   4 Legal Analyses
    Holding that, despite that an agreement stated that "[s]eller assures that the foregoing purchase price will be the purchase price in the contract for the sale and purchase of the [property,]" the "express terms indicat[ed] that the agreement conferred no interest" in the property and the agreement included a broad cancellation provision, which the seller invoked, so reasonable purchasers would understand that the purchase price was not binding upon cancellation of the agreement

  8. Jones v. Diamond

    519 F.2d 1090 (5th Cir. 1975)   Cited 188 times
    Holding that "trial court abused its discretion in deciding against the class solely on the basis of the initial pleadings" and noting that district court "should be loathe to deny the justiciability of class actions without the benefit of the fullest possible factual background"

  9. Smith v. Wm. Wrigley Jr. Company

    663 F. Supp. 2d 1336 (S.D. Fla. 2009)   Cited 67 times   1 Legal Analyses
    Holding that the plaintiffs had sufficiently pled damages where the complaint alleged that "as a result of the [defendant's] misleading messages, [the defendant] ha[d] been able to charge a price premium for" the product at issue (citing Collins v. DaimlerChrysler Corp., 894 So. 2d 988, 989-90 (Fla. Dist. Ct. App. 2004))

  10. Beck v. Dobrowski

    559 F.3d 680 (7th Cir. 2009)   Cited 66 times
    Holding that plaintiff failed to plausibly allege economic loss where he alleged that "shareholders would have rejected the merger and by doing so have reaped the economic benefits of continuing to own [] shares" without alleging that other more lucrative options existed for the company

  11. Section 672.607 - Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over

    Fla. Stat. § 672.607   Cited 68 times
    Stating that "the buyer must ... notify the seller ...