§Why CasetextPricing

Pierre v. Gts Holdings Group, LLC et al

MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss / Partial Motion to Dismiss or Alternatively, Partial Summary Judgment. . Document

12 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 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 280,791 times   369 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. Klaxon Co. v. Stentor Co.

    313 U.S. 487 (1941)   Cited 10,651 times   6 Legal Analyses
    Holding that Erie doctrine applies to conflict-of-law rules

  4. Beth Israel Med. v. Hori. Blue Cross

    448 F.3d 573 (2d Cir. 2006)   Cited 695 times
    Holding that whether a hospital's failure to object to a lower reimbursement rate over a period of eight years constituted a waiver of its contractual right to the higher reimbursement rate was a question of fact

  5. Catholic Healthcare W. v. U.S. Foodservice Inc. (In re U.S. Foodservice Inc. Pricing Litig.)

    729 F.3d 108 (2d Cir. 2013)   Cited 322 times   4 Legal Analyses
    Holding fees "created for the purpose of misrepresenting cost and ... then kept secret so as to deceive customers about overbilling" was a question amenable to common proof

  6. Fin. One Pub. v. Lehman Bros. Spec. Financing

    414 F.3d 325 (2d Cir. 2005)   Cited 387 times
    Holding that choice-of-law analysis is not required where there is no actual conflict

  7. Nwaokocha v. Sadowski

    369 F. Supp. 2d 362 (E.D.N.Y. 2005)   Cited 57 times
    Holding that "negligently misplacing an inmate's property does not establish a denial of due process.

  8. Robins v. Max Mara U.S.A., Inc.

    923 F. Supp. 460 (S.D.N.Y. 1996)   Cited 70 times
    Finding Italian defendant company was not employer where its U.S. subsidiary was in charge of hiring and firing decisions

  9. Arakelian v. Omnicare, Inc.

    735 F. Supp. 2d 22 (S.D.N.Y. 2010)   Cited 42 times   3 Legal Analyses
    Finding substantial controversy where plaintiff seeking declaratory judgment that non-solicitation agreement was unenforceable

  10. Bierer v. Glaze, Inc.

    CV-05-2459 (CPS) (E.D.N.Y. Oct. 6, 2006)   Cited 12 times
    Addressing a scenario where defendant terminated Plaintiff's employment contract under various pretextual guises, including purported "illegal activity," failing to come to the office, and inability to perform due to loss of a business account

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,668 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."