§Why CasetextPricing

Patton Boggs LLP v. Chevron Corporation

RESPONSE re: 55 Objection to Report and Recommendations / DEFENDANT CHEVRON CORPORATION'S RESPONSE TO PLAINTIFF PATTON BOGGS'S OBJECTIONS TO MARCH 11, 2013 REPORT AND RECOMMENDATION TO GRANT CHEVRON'S MOTION TO DISMISS. Document

52 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,314 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Medimmune, Inc. v. GenenTech, Inc.

    549 U.S. 118 (2007)   Cited 2,561 times   90 Legal Analyses
    Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"

  3. Already, LLC v. Nike, Inc.

    568 U.S. 85 (2013)   Cited 1,403 times   19 Legal Analyses
    Holding that Nike's unilateral covenant not to sue mooted Already's trademark invalidity claim

  4. Ferens v. John Deere Co.

    494 U.S. 516 (1990)   Cited 781 times   2 Legal Analyses
    Holding a transferee forum must "apply the law of the transferor court, regardless of who initiates the transfer"

  5. Corsello v. Verizon N.Y., Inc.

    2012 N.Y. Slip Op. 2343 (N.Y. 2012)   Cited 967 times
    Holding that "[t]o the extent that these claims succeed, the unjust enrichment claim is duplicative; if plaintiffs' other claims are defective, an unjust enrichment claim cannot remedy the defects"

  6. United States v. Mine Workers

    330 U.S. 258 (1947)   Cited 2,641 times   4 Legal Analyses
    Holding that a party may be punished for disobeying a court order even if the court was ultimately determined to lack jurisdiction to issue the order

  7. Celle v. Filipino Reporter Enterprises

    209 F.3d 163 (2d Cir. 2000)   Cited 452 times   4 Legal Analyses
    Holding that to recover in libel under New York law, the plaintiff must establish that the defamatory statement was, among other things, published to a third party through the defendant's negligence or actual malice

  8. Lobiondo v. Schwartz

    199 N.J. 62 (N.J. 2009)   Cited 238 times   1 Legal Analyses
    Holding that the absence of probable cause is an essential element of a malicious prosecution claim and failure to prove it is fatal to the claim

  9. Patton Boggs LLP v. Chevron Corp.

    683 F.3d 397 (D.C. Cir. 2012)   Cited 91 times
    Finding no abuse of discretion in denial of reconsideration "[b]ecause Rule 59(e) is not a vehicle to present a new legal theory that was available prior to judgment"

  10. Gilbert Spruance Co. v. Pennsylvania Manufacturers' Ass'n.

    134 N.J. 96 (N.J. 1993)   Cited 138 times
    Adopting section 193 of the Restatement, insofar as it applies to casualty insurance contracts

  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 348,617 times   930 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 72 - Magistrate Judges: Pretrial Order

    Fed. R. Civ. P. 72   Cited 168,358 times   20 Legal Analyses
    Granting a party fourteen days to object to a Magistrate Judge's non-dispositive order

  13. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,539 times   186 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  14. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,642 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  15. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 22,605 times   88 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

  16. Section 1927 - Counsel's liability for excessive costs

    28 U.S.C. § 1927   Cited 8,866 times   81 Legal Analyses
    Granting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct

  17. Rule 64 - Seizing a Person or Property

    Fed. R. Civ. P. 64   Cited 1,503 times   6 Legal Analyses
    Granting federal courts authority to use state law remedies for seizing property

  18. Section 487 - Misconduct by attorneys

    N.Y. Jud. Law § 487   Cited 1,192 times   2 Legal Analyses
    Providing for civil liability where an attorney "[i]s guilty of deceit or collusion . . . with intent to deceive the court or any party . . ."

  19. Section R6312 - Motion papers; undertaking; issues of fact

    N.Y. C.P.L.R. § 6312   Cited 956 times
    Requiring plaintiff to post a bond before bringing a preliminary injunction

  20. Section R6212 - Motion papers; undertaking; filing; demand; damages

    N.Y. C.P.L.R. § 6212   Cited 339 times
    Undertaking required on motion for an order of attachment as security for costs and damages, including reasonable attorney's fees