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Roberts v. Health Partners Plans, Inc.

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

17 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. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,432 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"

  4. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 7,962 times   4 Legal Analyses
    Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

  5. Grant v. Greate Bay Casino Corp.

    232 F.3d 173 (3d Cir. 2000)   Cited 505 times
    Holding lost speculative opportunity in blackjack is not an injury to business or property

  6. Fraser v. Nationwide Mut. Ins. Co.

    352 F.3d 107 (3d Cir. 2004)   Cited 368 times   2 Legal Analyses
    Holding that e-mails stored on a server were no longer in temporary, intermediate storage after they had been read by the recipient

  7. McLaughlin v. Gastrointestinal Specialists, Inc.

    561 Pa. 307 (Pa. 2000)   Cited 179 times
    Holding at-will employee may bring wrongful termination claim if public policy of Pennsylvania is implicated, undermined, or violated

  8. Rutherfoord v. Presbyterian-University

    417 Pa. Super. 316 (Pa. Super. Ct. 1992)   Cited 122 times
    Holding that employee handbook containing "'disclaimer' language . . . including [that certain rights in the handbook] are not intended to constitute a contract, . . . cannot be found to create an implied contract of employment"

  9. Magerr v. City of Phila.

    CIVIL ACTION NO. 15-4264 (E.D. Pa. Apr. 11, 2016)   Cited 17 times
    Finding that a complaint containing unsupported allegations that the defendant was motivated by a discriminatory attitude did not set forth a plausible claim of Title VII discrimination

  10. Ruzicki v. Catholic Cemeteries Ass'n

    416 Pa. Super. 37 (Pa. Super. Ct. 1992)   Cited 44 times
    Holding that the handbook disclaimer stating that the handbook did not effect an employee's at-will status was an "insurmountable burden" to the plaintiff's case

  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. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,641 times   262 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race