§Why CasetextPricing

Short et al v. Amerada Hess Corporation et al

MOTION to Dismiss for Failure to State a Claim

50 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,796 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 279,848 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. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 8,183 times   444 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing

  4. Texas v. United States

    523 U.S. 296 (1998)   Cited 1,530 times   3 Legal Analyses
    Holding that a claim that "rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all" is not ripe for adjudication

  5. In re Colonial Mortgage Bankers Corp.

    324 F.3d 12 (1st Cir. 2003)   Cited 478 times
    Holding that a judge may dismiss a case based on the affirmative defense of claim preclusion if the defense is disclosed in “the complaint, the documents (if any) incorporated therein, matters of public record, and other matters of which the court may take judicial notice”; and (b) “the facts so gleaned ... conclusively establish the ... defense”

  6. LaChapelle v. Berkshire Life Ins. Co.

    142 F.3d 507 (1st Cir. 1998)   Cited 441 times
    Holding that dismissal is appropriate if the plaintiffs allegations "leave no doubt" that the statute of limitations would bar the claim

  7. Hughes v. Vanderbilt University

    215 F.3d 543 (6th Cir. 2000)   Cited 243 times
    Holding that the plaintiff's claim accrued on the date she alleged in her complaint rather than in a subsequent affidavit

  8. Bogan v. City of Boston

    489 F.3d 417 (1st Cir. 2007)   Cited 173 times
    Ruling that § 1988 did not allow plaintiffs to recover fees incurred in proceedings undertaken to mitigate their damages from the violation giving rise to the § 1983 claim

  9. Allen v. State

    118 Wn. 2d 753 (Wash. 1992)   Cited 155 times
    Holding that a cause of action under present Washington law accrues from the date a claimant knew or should have known the factual basis for the elements of the claim

  10. Satsky v. Paramount Communications, Inc.

    7 F.3d 1464 (10th Cir. 1993)   Cited 135 times   1 Legal Analyses
    Holding that a consent decree between Colorado and a polluting corporation had a res judicata effect on all claims brought by the state but not on the private damage claims an individual might bring that differed from the claims in the consent decree

  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 361,487 times   960 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 163,896 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 508:4 - Personal Actions

    N.H. Rev. Stat. § 508:4   Cited 111 times   1 Legal Analyses
    Establishing a three-year statute of limitations for all "personal actions"

  14. Section 358-A:2 - [Effective Until 1/1/2025] Acts Unlawful

    N.H. Rev. Stat. § 358-A:2   Cited 60 times

    It shall be unlawful for any person to use any unfair method of competition or any unfair or deceptive act or practice in the conduct of any trade or commerce within this state. Such unfair method of competition or unfair or deceptive act or practice shall include, but is not limited to, the following: I. Passing off goods or services as those of another; II. Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services; III

  15. Section 358-A:3 - Exempt Transactions; Etc

    N.H. Rev. Stat. § 358-A:3   Cited 22 times

    The following transactions shall be exempt from the provisions of this chapter: I. Trade or commerce that is subject to the jurisdiction of the bank commissioner, the director of securities regulation, the insurance commissioner, the public utilities commission, the financial institutions and insurance regulators of other states, or federal banking or securities regulators who possess the authority to regulate unfair or deceptive trade practices. This paragraph includes trade or commerce under the

  16. Section 146-A:19 - Elimination of Gasoline Ethers and Tertiary Butyl Alcohol from Gasoline Supplies

    N.H. Rev. Stat. § 146-A:19   Cited 2 times

    I. No person, as defined in RSA 146-A:2, VI, shall sell, deliver for sale, import, or cause to be imported into the state for sale any neat gasoline ethers or gasoline containing MtBE, other gasoline ethers, or tertiary butyl alcohol (TBA) in quantities greater than 1/2 of one percent by volume. Nothing in this section shall be interpreted to prohibit the transshipment of MtBE, other gasoline ethers, or TBA content fuel through the state for disposition outside of the state including storage coincident

  17. Section 358-A:4 - Administration; Enforcement

    N.H. Rev. Stat. § 358-A:4   Cited 1 times

    I.The provisions of this chapter shall be administered and enforced by the consumer protection and antitrust bureau, department of justice established by RSA 21-M:8. II.[Repealed.] III. (a) Whenever the attorney general has reason to believe that trade or commerce declared unlawful by this chapter has been, is being or is about to be conducted by any person, the attorney general may bring an action in the name of the state against such person to restrain by temporary or permanent injunction the use

  18. Section 485-F:3 - Implementation of Drinking Water and Groundwater Protection

    N.H. Rev. Stat. § 485-F:3

    I. The New Hampshire drinking water and groundwater advisory commission, established in RSA 485-F:4, shall administer the drinking water and groundwater trust fund through the MTBE remediation bureau. Subject to the approval of the fiscal committee of the general court, trust fund proceeds sufficient to fund the department's MTBE remediation bureau and qualifying projects shall be transferred to the department and maintained in a separate, nonlapsing account, continually appropriated to the department