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Pods Enterprises, Llc v. Almatis, Inc.

BRIEF in Support re Motion to Dismiss for Failure to State a Claim

33 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. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,511 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  4. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 8,075 times   4 Legal Analyses
    Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

  5. Burtch v. Milberg Factors, Inc.

    662 F.3d 212 (3d Cir. 2011)   Cited 2,325 times
    Holding that direct evidence of a conspiracy was lacking where the complaint's allegations did not "specify a time or place that any actual agreement to fix credit terms occurred, [or] ...indicate that any particular individuals or [organizations] made such an agreement"

  6. In re Rockefeller Center Properties, Inc.

    311 F.3d 198 (3d Cir. 2002)   Cited 1,400 times
    Holding that a plaintiff must set forth the "who, what, when, where, and how" of the alleged fraud

  7. Seville Indus Machinery v. Southmost Machinery

    742 F.2d 786 (3d Cir. 1984)   Cited 1,181 times
    Holding that Rule 9(b) does not requires a plaintiff to plead date, place, or time of alleged fraud

  8. Shapiro v. UJB Financial Corp.

    964 F.2d 272 (3d Cir. 1992)   Cited 592 times
    Holding that "once all predicate § 10(b) claims are dismissed, there are no allegations upon which § 20 liability can be based."

  9. Bortz v. Noon

    556 Pa. 489 (Pa. 1999)   Cited 365 times
    Adopting Restatement (Second) Torts § 552

  10. Adler, Barish, Daniels, Etc. v. Epstein

    482 Pa. 416 (Pa. 1978)   Cited 274 times
    Holding that the court's interest in "regulating lawyers is especially great" and "[o]ur 'special responsibility' includes the obligation to assure that persons seeking professional legal assistance receive the quality advocacy and fair treatment they justifiably expect"

  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 362,607 times   962 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 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. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,207 times   337 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 691.1 - Definitions

    35 Pa. Stat. § 691.1   Cited 102 times
    Relating to definitions

  15. Section 6018.101 - Short title

    35 Pa. Stat. § 6018.101   Cited 61 times

    This act shall be known and may be cited as the "Solid Waste Management Act." 35 P.S. § 6018.101 1980 , July 7, P.L. 380, No. 97, § 101, effective in 60 days.