§Why CasetextPricing

Resnick et al v. AvMed, Inc.

RESPONSE in Opposition re Defendant's MOTION to Dismiss 31 Amended Complaint, and incorporated memorandum of law

51 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 274,322 times   368 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

  2. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 17,095 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  3. Christopher v. Harbury

    536 U.S. 403 (2002)   Cited 5,194 times
    Holding Verdugo-Urquidez and Eisentrager foreclosed due process claim for actions taken against alien abroad

  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,006 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  5. Marsh v. Butler County

    268 F.3d 1014 (11th Cir. 2001)   Cited 1,556 times
    Holding that a supervisory official "can have no respondeat superior liability for a section 1983 claim."

  6. Edwards v. Prime Inc.

    602 F.3d 1276 (11th Cir. 2010)   Cited 1,047 times   4 Legal Analyses
    Holding that legal conclusions about hypothetical facts are dicta

  7. Pielage v. McConnell

    516 F.3d 1282 (11th Cir. 2008)   Cited 1,088 times   4 Legal Analyses
    Noting that "[t]reaties, like statutes, should be construed so that no words are treated as being meaningless, redundant, or mere surplusage."

  8. Pisciotta v. Old National Bancorp

    499 F.3d 629 (7th Cir. 2007)   Cited 774 times   12 Legal Analyses
    Holding that, under Indiana state law, "allegations of increased risk of future identity theft . . . [are not] a harm that the law is prepared to remedy"

  9. Hill v. White

    321 F.3d 1334 (11th Cir. 2003)   Cited 864 times   1 Legal Analyses
    Holding that "[w]e review de novo the district court's grant of a motion to dismiss under 12(b) for failure to state a claim"

  10. U.S. v. Baker

    432 F.3d 1189 (11th Cir. 2005)   Cited 579 times   3 Legal Analyses
    Holding that the admission of "highly inflammatory" evidence of the defendant's participation in a double murder cast doubt enough to warrant reversal on the defendant's firearms convictions

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,697 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 1320d - Definitions

    42 U.S.C. § 1320d   Cited 690 times   19 Legal Analyses
    Defining "individually identifiable health information"

  13. Section 395.3025 - Patient and personnel records; copies; examination

    Fla. Stat. § 395.3025   Cited 70 times   3 Legal Analyses
    Applying to licensed facilities, the definition of which does not include pharmacies