§Why CasetextPricing

Rochester Drug Co-Operative, Inc. v. Abbott Laboratories

Reply brief in support of Motion to Dismiss Plaintiff's Consolidated Amended Complaint

30 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 63,683 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  3. E.E.O.C. v. Concentra Health

    496 F.3d 773 (7th Cir. 2007)   Cited 2,760 times   2 Legal Analyses
    Holding that a plaintiff alleging retaliation under Title VII "must provide some specific description" of the protected activity

  4. Verizon Comm. v. Law Offices of Trinko

    540 U.S. 398 (2004)   Cited 518 times   60 Legal Analyses
    Holding even a monopolist has no duty to cooperate with rivals

  5. Aspen Skiing Co. v. Aspen Highlands Skiing Corp.

    472 U.S. 585 (1985)   Cited 612 times   34 Legal Analyses
    Holding that predatory conduct to attain or preserve a monopoly is a prerequisite to a finding of monopolization or attempted monopolization

  6. U.S. v. Microsoft Corp.

    253 F.3d 34 (D.C. Cir. 2001)   Cited 520 times   19 Legal Analyses
    Holding that district courts are not required to conduct evidentiary hearings prior to issuing relief in civil cases when "there are no disputed factual issues regarding the matter of relief

  7. Silvas v. E*Trade Mortgage Corp.

    514 F.3d 1001 (9th Cir. 2008)   Cited 400 times
    Holding that claims for unfair advertising and unfair competition brought pursuant to California's consumer protection statute were preempted by § 560.2(b)

  8. Stearns Airport Equipment Co. v. FMC Corp.

    170 F.3d 518 (5th Cir. 1999)   Cited 260 times
    Holding that we do not consider justifications for granting a continuance if they were not presented with the original motion

  9. Berkey Photo, Inc. v. Eastman Kodak Co.

    603 F.2d 263 (2d Cir. 1979)   Cited 401 times   6 Legal Analyses
    Holding that introduction of superior products, even by monopolists, is "an essential element of lawful competition"

  10. Image Tech. Services, Inc. v. Eastman Kodak

    125 F.3d 1195 (9th Cir. 1997)   Cited 221 times   3 Legal Analyses
    Holding that a litigant's summary judgment motion does not satisfy the requirement for a motion for JMOL at the close of the evidence

  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 355,101 times   943 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 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. . . ."