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Puerto Rico Tourism Company v. Priceline.com, Incorporated

MOTION to dismiss as to All Defendants

44 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. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,844 times   19 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues

  4. In re Wal-Mart Stores, Inc., Wage Hour Lit.

    505 F. Supp. 2d 609 (N.D. Cal. 2007)   Cited 228 times
    Holding that the defendant's motions to dismiss or strike the class allegations are premature" where the defendant had not answered the complaint, discovery had not yet commenced, and no motion for class certification had been filed

  5. Hoyos v. Telecorp

    488 F.3d 1 (1st Cir. 2007)   Cited 102 times   2 Legal Analyses
    Finding causation for restitution where defendant convicted of manufacturing child pornography

  6. Puerto Rico Telephone v. Sprintcom, Inc.

    662 F.3d 74 (1st Cir. 2011)   Cited 64 times
    Holding that unjust enrichment does not apply where case governed by a contract

  7. Vazquez v. Municipality of Juncos

    756 F. Supp. 2d 154 (D.P.R. 2010)   Cited 19 times
    Suggesting that computer access is still not part of the program offered by libraries

  8. Barreto v. ITT World Directories, Inc.

    62 F. Supp. 2d 387 (D.P.R. 1999)   Cited 30 times
    Holding that plaintiff may not recover under Article 1802 "or under any other general statute for actions or facts intended to be addressed" by specific labor or employment legislation

  9. Vazquez v. Checkpoint Systems of Puerto Rico, Inc.

    609 F. Supp. 2d 217 (D.P.R. 2009)   Cited 14 times
    Holding that there is no individual liability under Law 44

  10. Rivera-Cartagena v. Wal-Mart Puerto Rico, Inc.

    767 F. Supp. 2d 310 (D.P.R. 2011)   Cited 10 times
    In Rivera-Cartagena, the court discusses a number of cases in which the Puerto Rico Supreme Court has given expansive interpretations to the dignity and privacy clauses of the P.R. Constitution in the employment context.

  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 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 25,173 times   63 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  14. § 5141. Obligation when damage caused by fault or negligence

    P.R. Laws tit. 31, § 5141   Cited 1,157 times
    Imposing liability for fault or negligence that causes injury

  15. § 5298. Actions which prescribe in one year

    P.R. Laws tit. 31, § 5298   Cited 329 times
    Providing a one-year statute of limitation for "[a]ctions to demand civil liability ... for obligations arising from the fault or negligence mentioned in § 5141 of this title, from the time the aggrieved person had knowledge thereof"

  16. § 5121. Restitution of thing improperly received

    P.R. Laws tit. 31, § 5121   Cited 10 times

    If a thing is received when there was no right to claim it and which, through an error, has been unduly delivered, there arises an obligation to restore the same. History —Civil Code, 1930, § 1795.

  17. § 2271. Definitions

    P.R. Laws tit. 13, § 2271   Cited 3 times

    For purposes of this chapter, the following terms shall be defined as follows: (1) Entry. — Means the taxpayer deficiency or debt as determined by the Company once it has been registered in the Company’s accounting system. (2) Supplementary short-term lodging. — Means every building or part of a building leased for a period of less than ninety (90) days, devoted to the lodging of people by means of payment, which building or part thereof is not a hotel, condohotel, all-inclusive hotel, motel, inn

  18. § 2543. Repealed. Act Aug. 31, 2012, No. 219, § 71, effective Aug. 31, 2012

    P.R. Laws tit. 31, § 2543   Cited 1 times

    History —Civil Code, 1930, § 836; Repealed. Act.

  19. § 2271w. Assessment procedure

    P.R. Laws tit. 13, § 2271w   Cited 1 times

    (a) The Company shall have the power to initiate a proceeding to determine the debt or deficiency of a taxpayer on account of the tax or of any surcharges, administrative fees and penalties, and which should be paid to the Company. (b) The assessment may be initiated by the Company, among other instances, when a taxpayer has failed to make any monthly payment on account of the tax, or to comply with its obligation to present the declaration required by law, when there is a deficiency in the payment

  20. § 2271o. Tax

    P.R. Laws tit. 13, § 2271o   Cited 1 times

    (a) The tax shall be a mathematical calculation resulting from the multiplication of the rate provided by subsection (b) of this section by the room occupancy rate, and the period of occupation of the room. (b) The Company shall levy, charge, and collect a general tax of nine percent (9%) over the room occupancy rate. When dealing with lodgings authorized by the Commissioner of Financial Institutions to operate casinos, the tax shall be equal to eleven percent (11%). When dealing with lodgings authorized