§Why CasetextPricing

Paulsboro Natural Gas Pipeline Company Llc et al v. Great Lakes Dredge & Dock Company, Llc

BRIEF in Opposition

19 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,123 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. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,865 times   367 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' "

  3. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,092 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  4. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,065 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  5. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,158 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  6. Pinker v. Roche Holdings Ltd.

    292 F.3d 361 (3d Cir. 2002)   Cited 2,341 times
    Holding that in ruling on a Rule 12(b) motion we must accept all of the plaintiff's allegations as true and construct disputed facts in favor of the plaintiff.

  7. Warren General Hosp., v. Amgen Inc.

    643 F.3d 77 (3d Cir. 2011)   Cited 995 times
    Holding that the indirect purchaser rule applies to prescription drug sales and noting that "[b]ecause of the complicated interplay between market forced, the possibility that the wholesaler was harmed by defendant's actions exists even if the majority of the injury is borne by the indirect purchaser"

  8. In re Frescati Shipping Co.

    718 F.3d 184 (3d Cir. 2013)   Cited 45 times   1 Legal Analyses
    Declining to preclude CARCO from raising "equitable defense to the Government’s subrogation claims"

  9. Bello v. Romeo

    424 F. App'x 130 (3d Cir. 2011)   Cited 20 times

    No. 10-1933. Submitted Pursuant to Third Circuit LAR 34.1(a) March 25, 2011. Opinion filed: April 22, 2011. On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil Action No. 07-cv-00254), District Judge: Honorable Kim R. Gibson. Joel Bello, pro se. Jill M. Lashay, Esq., Buchanan Ingersoll Rooney, Harrisburg, PA, for Appellee. Before: SLOVITER, FISHER and WEIS, Circuit Judges. OPINION PER CURIAM. Appellant Joel Bello, proceeding pro se, appeals from the

  10. Boston Edison Co. v. Great Lakes Dredge Dock

    423 F.2d 891 (1st Cir. 1970)   Cited 14 times
    In Boston Edison Co. v. Great Lakes Dredge Dock Co., 423 F.2d 891 (CA 1 1970), the permittee argued that the exculpatory clause violated public policy, relying primarily on Bisso v. Inland Waterways Corp., 349 U.S. 85, 75 S.Ct. 629, 99 L.Ed. 911 (1955).

  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 348,416 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,994 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,557 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Rule 14 - Third-Party Practice

    Fed. R. Civ. P. 14   Cited 3,648 times   10 Legal Analyses
    Striking improper third-party claim is appropriate remedy

  15. Section 403 - Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in

    33 U.S.C. § 403   Cited 644 times   3 Legal Analyses
    Requiring federal permission to "excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any ... canal"

  16. Section 7101 - Definitions

    41 U.S.C. § 7101   Cited 214 times   16 Legal Analyses
    Providing that a "contactor" is "a party to a Federal Government contract other than the Federal Government"

  17. Section 1 - Regulations by Secretary of the Army for navigation of waters generally

    33 U.S.C. § 1   Cited 56 times
    Recognizing the dual aims of protection of life and property, and protection of operations in navigable channels

  18. Section 2201 - "Secretary" defined

    33 U.S.C. § 2201   Cited 24 times
    Defining the "Secretary"

  19. Section 329.11 - Geographic and jurisdictional limits of rivers and lakes

    33 C.F.R. § 329.11   Cited 18 times

    (a)Jurisdiction over entire bed. Federal regulatory jurisdiction, and powers of improvement for navigation, extend laterally to the entire water surface and bed of a navigable waterbody, which includes all the land and waters below the ordinary high water mark. Jurisdiction thus extends to the edge (as determined above) of all such waterbodies, even though portions of the waterbody may be extremely shallow, or obstructed by shoals, vegetation or other barriers. Marshlands and similar areas are thus