§Why CasetextPricing

Retrophin, Inc. v. Questcor Pharmaceuticals, Inc

MEMORANDUM in Opposition to MOTION to Dismiss Case with Prejudice 21

60 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 262,570 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 275,856 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. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,164 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  4. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,907 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

  5. U.S. v. Ritchie

    342 F.3d 903 (9th Cir. 2003)   Cited 3,852 times   2 Legal Analyses
    Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"

  6. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.

    429 U.S. 477 (1977)   Cited 2,088 times   20 Legal Analyses
    Holding that mere economic loss does not amount to an antitrust injury under the antitrust laws

  7. United States ex rel. Lee v. Corinthian Colls.

    655 F.3d 984 (9th Cir. 2011)   Cited 1,570 times   1 Legal Analyses
    Holding that this Court "can affirm a 12(b) dismissal 'on any ground supported by the record, even if the district court did not rely on the ground.'" (quoting Livid Holdings, Ltd. v. Salomon Smith Barney, Inc., 416 F.3d 940, 950 (9th Cir. 2005))

  8. Verizon Comm. v. Law Offices of Trinko

    540 U.S. 398 (2004)   Cited 521 times   60 Legal Analyses
    Holding even a monopolist has no duty to cooperate with rivals

  9. Tal v. Hogan

    453 F.3d 1244 (10th Cir. 2006)   Cited 1,425 times   1 Legal Analyses
    Holding that "because the extensiveness of the threat is a question of fact" the court would "assume for the purposes of this opinion that the predicate acts alleged ... establish a pattern of racketeering activity"

  10. Cargill, Inc. v. Monfort of Colorado, Inc.

    479 U.S. 104 (1986)   Cited 686 times   5 Legal Analyses
    Holding that a Clayton Act plaintiff "must show a threat of antitrust injury" to warrant injunctive relief

  11. Section 15 - Suits by persons injured

    15 U.S.C. § 15   Cited 5,738 times   35 Legal Analyses
    Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."

  12. Section 26 - Injunctive relief for private parties; exception; costs

    15 U.S.C. § 26   Cited 1,473 times   2 Legal Analyses
    Authorizing injunctive relief against "threatened loss or damage by a violation of the antitrust laws"