§Why CasetextPricing

Prospect Medical, P.C. et al v. Cigna Corporation et al

MEMORANDUM in Opposition re MOTION to Dismiss Plaintiffs' Second Amended Complaint

14 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. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,562 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"

  5. McTernan v. City of York Penn

    577 F.3d 521 (3d Cir. 2009)   Cited 965 times   1 Legal Analyses
    Holding that in addition to the complaint itself, a court deciding a motion to dismiss can review documents attached to the complaint

  6. Howard Hess Dental v. Dentsply Intern

    602 F.3d 237 (3d Cir. 2010)   Cited 829 times   1 Legal Analyses
    Holding that it was inadequate for the complaint to state in "a conclusory manner" that "Defendants, each with all of the others, have entered into two interrelated conspiracies" and that "every Dealer knew that every other Dealer agreed, or would agree, to th[e] same [allegedly unlawful] plan"

  7. West Penn Allegheny Health System, Inc. v. UPMC

    627 F.3d 85 (3d Cir. 2010)   Cited 560 times   7 Legal Analyses
    Holding that the "plausibility" standard does not become a "probability" standard in complex cases

  8. Devito v. Aetna, Inc.

    536 F. Supp. 2d 523 (D.N.J. 2008)   Cited 29 times
    In DeVito, Judge Hochberg denied a motion to dismiss, finding that it would be futile to exhaust administrative remedies However, the facts alleged in DeVito were much more detailed and substantively different than the alleged facts in this case.

  9. Tannenbaum, M.D. v. Unum Life Insurance Co. of American

    CIVIL ACTION NO. 03-CV-1410 (E.D. Pa. Feb. 27, 2004)   Cited 24 times
    Finding restitution of benefits for defendant's breach of fiduciary duty to be a legal remedy

  10. Nightingale Associates, LLC v. Hopkins

    Civ. Docket No. 07-4239 (FSH) (D.N.J. Nov. 5, 2008)   Cited 3 times

    Civ. Docket No. 07-4239 (FSH). November 5, 2008 OPINION ORDER FAITH HOCHBERG, District Judge This matter comes before the Court upon Plaintiffs' Motion to Dismiss five of Defendants' Counterclaims against the Plaintiffs: Counts One (Minority Shareholder Oppression), Three (Wrongful Misconduct), Four (Fraud and Misrepresentation), Seven (Retaliation), and Fourteen (Wrongful Termination) of the defendants' counterclaim pursuant to Fed.R.Civ.P. 12(b)(6). This Court has considered the parties' written

  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. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,791 times   175 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner