§Why CasetextPricing

Res-Az One Llc v. Mcadams et al

MOTION to Dismiss for Failure to State a Claim

22 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 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 276,716 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. Moss v. U.S. Secret Service

    572 F.3d 962 (9th Cir. 2009)   Cited 8,893 times
    Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

  4. Howard v. America Online Inc.

    208 F.3d 741 (9th Cir. 2000)   Cited 389 times
    Holding that the RICO bar applies even where the plaintiff does not have standing to sue under securities laws because the plaintiff did not buy or sell securities

  5. Grimmett v. Brown

    75 F.3d 506 (9th Cir. 1996)   Cited 367 times   1 Legal Analyses
    Holding “error to equate” a situation where “the injury is speculative because it is not known whether it will occur at all” to a situation where “the injury has occurred and is known, but it is speculative whether the damages might be reduced or even eliminated by alternative recovery efforts”

  6. Dawson v. Withycombe

    216 Ariz. 84 (Ariz. Ct. App. 2007)   Cited 207 times
    Finding statements regarding company's future financial prospects unactionable as bases for fraud

  7. Baumer v. Pachl

    8 F.3d 1341 (9th Cir. 1993)   Cited 133 times
    Holding that attorney who simply provided legal services to corporation did not participate in operation or management of enterprise regardless of whether he performed those services "well or poorly, properly or improperly"

  8. Baker v. Stewart Title Trust of Phoenix

    197 Ariz. 535 (Ariz. Ct. App. 2000)   Cited 88 times
    Holding that wrongful activity benefitted an employer for the purposes of respondeat superior where the activity generated additional fees for the employer

  9. Donahoe v. Arpaio

    869 F. Supp. 2d 1020 (D. Ariz. 2012)   Cited 44 times
    Finding that plaintiff, a superior court judge, stated a valid claim for abuse of process based on defendants having served plaintiff with a federal RICO suit by hiring a process server "whom they knew or should have known had been previously prosecuted for threatening to kill" the plaintiff, and noting that "this is quintessentially the type of allegation that supports a claim for abuse of process"

  10. Horne v. Campos

    226 Ariz. 424 (Ariz. Ct. App. 2011)   Cited 20 times
    Recognizing that, although the family court may consider whether a party has adopted unreasonable positions, "the intent of A.R.S. § 25-324 is to assure a remedy for the party least able to pay"

  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 357,835 times   950 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 162,084 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 39,880 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 16,178 times   61 Legal Analyses
    Specifying prohibited activities

  15. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 15,154 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  16. Section 44-1004 - Transfers fraudulent as to present and future creditors

    Ariz. Rev. Stat. § 44-1004   Cited 117 times
    Noting that a transfer is fraudulent as to a creditor when it is made with intent to "hinder, delay or defraud any creditor"

  17. Section 13-2314.04 - Racketeering; unlawful activity; civil remedies by private cause of action; definitions

    Ariz. Rev. Stat. § 13-2314.04   Cited 82 times
    Permitting private cause of action for racketeering claim

  18. Section 44-1001 - Definitions

    Ariz. Rev. Stat. § 44-1001   Cited 76 times
    Defining an asset as property except "to the extent that it is encumbered by a valid lien."