Oxbow Carbon & Minerals LLC et al v. Union Pacific Railroad Company et al
Memorandum in opposition to re MOTION to Dismiss Plaintiff's First Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted, 54 MOTION to Dismiss Plaintiffs' First Amended Complaint
550 U.S. 544 (2007) Cited 266,697 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' "
475 U.S. 574 (1986) Cited 113,131 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
504 U.S. 451 (1992) Cited 2,287 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
Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff
Holding that “an adequate complaint must provide fair notice to the defendants and state a facially plausible legal claim” (citing Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929
Holding that allegations of conspiratorial activity “in entirely general terms without any specification of any particular activities by any particular defendant ... was nothing more than a list of theoretical possibilities, which one could postulate without knowing any facts whatever”
370 U.S. 690 (1962) Cited 805 times 4 Legal Analyses
Holding that Court of Appeals erred by addressing plaintiff's allegations as separate claims, because in an antitrust case "plaintiffs should be given the full benefit of their proof without tightly compartmentalizing the various factual components and wiping the slate clean after scrutiny of each."
49 U.S.C. § 10709 Cited 122 times 1 Legal Analyses
Providing that contracts between rail carriers and shippers, which are not subject to rate requirements of the ICCTA, must be enforced in state or federal court