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Newcal Industries, Inc. et al v. Ikon Office Solutions, Inc., et al

Memorandum in Opposition re MOTION to Dismiss First Amended Complaint

89 Cited authorities

  1. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,351 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  2. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,634 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  3. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

    507 U.S. 163 (1993)   Cited 5,131 times   2 Legal Analyses
    Holding that there is no heightened pleading requirement in § 1983 suits against municipalities

  4. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,057 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  5. Hospital Building Co. v. Trustees of Rex Hospital

    425 U.S. 738 (1976)   Cited 6,294 times   2 Legal Analyses
    Holding that a conspiracy against a North Carolina hospital had "a substantial effect on interstate commerce," and hence was covered by the Sherman Act, because it could, inter alia, reduce the hospital's purchases of out-of-state medicines and supplies

  6. Eastman Kodak Co. v. Image Technical Services, Inc.

    504 U.S. 451 (1992)   Cited 2,297 times   16 Legal Analyses
    Holding that "it is clearly reasonable to infer that [the defendant] has market power to raise prices and drive out competition in the aftermarkets" for service and parts despite an undisputed lack of market power in the initial product

  7. United States v. Turkette

    452 U.S. 576 (1981)   Cited 2,722 times   2 Legal Analyses
    Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity

  8. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,671 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

  9. Forsyth v. Humana, Inc.

    114 F.3d 1467 (9th Cir. 1996)   Cited 2,948 times   1 Legal Analyses
    Holding plaintiffs could not recover under § 1132 because they “[had] already won a judgment for damages under section 1132 for the injuries they suffered as a result of the defendant's actions”

  10. Brown Shoe Co. v. United States

    370 U.S. 294 (1962)   Cited 1,825 times   32 Legal Analyses
    Holding judgment final and appealable where district court passed on every prayer for relief in the complaint and ordered full divestiture of stock, although court had not yet approved a divestiture plan

  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 348,148 times   927 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,408 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,081 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,946 times   60 Legal Analyses
    Specifying prohibited activities

  15. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,989 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  16. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,440 times   104 Legal Analyses
    Relating to mail fraud

  17. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 12,036 times   172 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  18. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,108 times   42 Legal Analyses
    Granting civil remedies for RICO violation

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

    15 U.S.C. § 1   Cited 2,927 times   69 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"