§Why CasetextPricing

Paillardon v. ADM Latin America Inc

MEMORANDUM re MOTION to Dismiss

12 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. 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

  3. Venture Associates v. Zenith Data Systems

    987 F.2d 429 (7th Cir. 1993)   Cited 1,814 times   2 Legal Analyses
    Holding "minor, non-substantive changes" in response to offer prevented contract formation under Illinois law

  4. Wright v. Associated Ins. Companies Inc.

    29 F.3d 1244 (7th Cir. 1994)   Cited 1,418 times   1 Legal Analyses
    Holding that remand of state law claims was unnecessary even though the court did not make any findings with respect to whether it should retain jurisdiction

  5. Cont'l Cas. Co. v. Am. Nat'l Ins. Co.

    417 F.3d 727 (7th Cir. 2005)   Cited 356 times   1 Legal Analyses
    Holding non-signatory could enforce arbitration under third-party beneficiary theory

  6. Rosenblum v. Travelbyus.com Ltd.

    299 F.3d 657 (7th Cir. 2002)   Cited 388 times
    Holding that references to an Employment Agreement and clause stating, "This Agreement together with the other agreements and documents to be delivered pursuant to this Agreement constitute the entire agreement between the Parties" did not evince an intent to incorporate the "other agreements and documents"

  7. Rujawitz v. Martin

    561 F.3d 685 (7th Cir. 2009)   Cited 110 times
    Finding no property interest where employee failed to introduce evidence to overcome legal presumption of at-will employment

  8. Sphere Drake Ins. Ltd. v. All American Ins. Co.

    256 F.3d 587 (7th Cir. 2001)   Cited 130 times   1 Legal Analyses
    Holding that "as arbitration depends on a valid contract an argument that the contract does not exist can't logically be resolved by the arbitrators"

  9. Merrill Lynch, Pierce, Fenner Smith v. Lauer

    49 F.3d 323 (7th Cir. 1995)   Cited 146 times   1 Legal Analyses
    Holding that any decision made in the initial forum should be consistent with the law in the circuit where the arbitration decision should be made

  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. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,058 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion