§Why CasetextPricing

Miller UK Ltd. et al v. Caterpillar, Inc.

MEMORANDUM motion to dismiss 27

12 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Triad Associates v. Chicago Housing Authority

    892 F.2d 583 (7th Cir. 1989)   Cited 555 times
    Holding that independent contractor claiming loss of and denial of contracts because of political affiliation was not protected by First Amendment

  3. County of McHenry v. Insurance Co. of the West

    438 F.3d 813 (7th Cir. 2006)   Cited 301 times
    Holding that the district court did not err by failing to address the represented plaintiff's waiver argument because although the plaintiff mentioned its waiver argument in a few paragraphs of its complaint, it failed to make any reference to the argument in its opposition to the defendant's motion to dismiss

  4. Debartolo v. Healthsouth Corp.

    569 F.3d 736 (7th Cir. 2009)   Cited 50 times
    Noting that "[s]ubject-matter jurisdiction is not an issue that can be brushed aside or satisfied by agreement between the litigants"

  5. U.S. ex Rel. Kennedy v. Aventis Pharmaceuticals

    610 F. Supp. 2d 938 (N.D. Ill. 2009)   Cited 25 times   1 Legal Analyses
    Ruling that “implied false certification” is viable in the Medicare context only when the underlying statute expressly states that the provider must comply in order to be paid, and AKS does not so expressly state.

  6. Tenneco Inc. v. Saxony Bar Tube, Inc.

    776 F.2d 1375 (7th Cir. 1985)   Cited 56 times
    Noting repetition occurs when one party seeks to enforce a contract while opposing party seeks a declaration of the contract's meaning

  7. U.S. v. Saporito

    684 F. Supp. 2d 1043 (N.D. Ill. 2010)   Cited 8 times
    Determining that the party was liable based on ownership of necessary equipment in a plating line

  8. Miao He v. Chertoff

    528 F. Supp. 2d 879 (N.D. Ill. 2008)   Cited 9 times
    Holding that USCIS owes a non-discretionary duty to adjudicate applications within some reasonable time

  9. Green Bay Packaging, Inc. v. Hoganson Asso.

    362 F. Supp. 78 (N.D. Ill. 1973)   Cited 27 times   1 Legal Analyses
    Striking declaratory relief counterclaims seeking resolution of same issues raised in plaintiff's cause of action for declaratory relief

  10. 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 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  11. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,857 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  12. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,753 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system