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Nutrimost Doctors, Llc v. Sterling et al

BRIEF in Opposition re Motion to Dismiss for Failure to State a Claim

29 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,736 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  2. Rose v. Bartle

    871 F.2d 331 (3d Cir. 1989)   Cited 1,288 times
    Holding that allegations supporting a conspiracy claim under civil RICO must be sufficiently specific

  3. Seville Indus Machinery v. Southmost Machinery

    742 F.2d 786 (3d Cir. 1984)   Cited 1,170 times
    Holding that Rule 9(b) does not requires a plaintiff to plead date, place, or time of alleged fraud

  4. Ferring Pharm., Inc. v. Watson Pharm., Inc.

    765 F.3d 205 (3d Cir. 2014)   Cited 314 times   11 Legal Analyses
    Holding that declaration asserting that physicians "would be less likely" to prescribe movant's products was too speculative to establish irreparable harm

  5. Brown v. Blaine

    833 A.2d 1166 (Pa. Cmmw. Ct. 2003)   Cited 81 times
    Finding prisoner's confinement for 120 days in prison's long-term security unit did not impose an atypical and significant hardship in relation to ordinary prison life and did not trigger a liberty interest; no process was due even if the transfer resulted in a less favorable living situation

  6. COM. v. TAP PHARMACEUTICAL PRODUCTS, INC

    885 A.2d 1127 (Pa. Cmmw. Ct. 2005)   Cited 74 times
    Finding that the plaintiff did not need to plead that it directly conferred a benefit on defendants for unjust enrichment claim

  7. Marshall-Silver Const. Co., Inc. v. Mendel

    894 F.2d 593 (3d Cir. 1990)   Cited 115 times
    Holding that, when the allegations of the complaint, taken as true, do not support the existence of either long-term criminal conduct or the threat thereof, dismissal is appropriate

  8. Kolar v. Preferred Real Estate Invest

    361 F. App'x 354 (3d Cir. 2010)   Cited 60 times
    Holding that a "single finite transaction cannot by itself underpin a pattern of racketeering activity"

  9. Weaver v. Franklin County

    918 A.2d 194 (Pa. Cmmw. Ct. 2007)   Cited 65 times
    Dismissing intentional tort claims against the county defendant

  10. Township v. Duke Energy

    488 F.3d 203 (3d Cir. 2007)   Cited 32 times
    Concluding that whether the defendant energy company acted in a "reasonable" manner by removing trees without the permission of the plaintiff township or the plaintiff homeowners in order to engage in aerial surveillance of its pipelines, was a triable issue of fact that compelled the denial of summary judgment

  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 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

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,692 times   193 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 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 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,501 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  15. Section 1961 - Definitions

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