§Why CasetextPricing

Sidibe v. Sutter Health

REPLY

66 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,409 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  2. Eastman Kodak Co. v. Image Technical Services, Inc.

    504 U.S. 451 (1992)   Cited 2,285 times   16 Legal Analyses
    Holding that "it is clearly reasonable to infer that [the defendant] has market power to raise prices and drive out competition in the aftermarkets" for service and parts despite an undisputed lack of market power in the initial product

  3. In re Gilead Sciences

    536 F.3d 1049 (9th Cir. 2008)   Cited 2,893 times   4 Legal Analyses
    Holding that a court need not accept as true "allegations that are merely conclusory"

  4. Brown Shoe Co. v. United States

    370 U.S. 294 (1962)   Cited 1,813 times   32 Legal Analyses
    Holding judgment final and appealable where district court passed on every prayer for relief in the complaint and ordered full divestiture of stock, although court had not yet approved a divestiture plan

  5. Jefferson Parish Hospital Dist. No. 2 v. Hyde

    466 U.S. 2 (1984)   Cited 802 times   7 Legal Analyses
    Holding that "any inquiry into the validity of a tying arrangement must focus on the market or markets in which the two products are sold, for that is where the anticompetitive forcing has its impact"

  6. Blue Shield of Virginia v. McCready

    457 U.S. 465 (1982)   Cited 603 times   10 Legal Analyses
    Holding that plaintiff had suffered antitrust injury because although she was not a competitor or customer of defendants, her injury was "inextricably intertwined" with the injury defendants sought to inflict on their target market

  7. Newcal Industries, Inc. v. IKON Office Solution

    513 F.3d 1038 (9th Cir. 2008)   Cited 847 times   2 Legal Analyses
    Holding that plaintiff who had already filed a fraud suit under the Sherman Act, Lanham Act, and RICO had standing to seek a declaration that the defendant's fraudulently procured contracts were invalid

  8. Illinois Tool Works Inc. v. Independent Ink, Inc.

    547 U.S. 28 (2006)   Cited 231 times   19 Legal Analyses
    Holding that separate markets existed for software and hardware even when they were always bundled together

  9. Continental Co. v. Union Carbide

    370 U.S. 690 (1962)   Cited 804 times   4 Legal Analyses
    Holding that Court of Appeals erred by addressing plaintiff's allegations as separate claims, because in an antitrust case "plaintiffs should be given the full benefit of their proof without tightly compartmentalizing the various factual components and wiping the slate clean after scrutiny of each."

  10. U.S. v. Philadelphia Nat. Bank

    374 U.S. 321 (1963)   Cited 768 times   16 Legal Analyses
    Holding that products and services offered by commercial banks constituted cluster market

  11. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,044 times   133 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  12. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,681 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  13. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 2,892 times   64 Legal Analyses
    Making illegal "[e]very contract, combination ..., or conspiracy, in restraint of trade"

  14. Section 18 - Acquisition by one corporation of stock of another

    15 U.S.C. § 18   Cited 1,505 times   50 Legal Analyses
    Barring an acquisition "where in any line of commerce ... the effect of such acquisition may be substantially to lessen competition"

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

    15 U.S.C. § 26   Cited 1,448 times   1 Legal Analyses
    Authorizing injunctive relief against "threatened loss or damage by a violation of the antitrust laws"

  16. Section 12 - Definitions; short title

    15 U.S.C. § 12   Cited 904 times   15 Legal Analyses
    Stating that the statute only applies to an express list of federal law

  17. Section 53 - False advertisements; injunctions and restraining orders

    15 U.S.C. § 53   Cited 812 times   71 Legal Analyses
    Providing similar provisional relief where false advertising regarding food, drugs, devices, and cosmetics is at issue

  18. Section 21 - Enforcement provisions

    15 U.S.C. § 21   Cited 244 times   1 Legal Analyses
    Granting the Commission authority to enforce section 7 of the Clayton Act

  19. Section 44 - Definitions

    15 U.S.C. § 44   Cited 178 times   4 Legal Analyses
    Defining "commerce" as including "commerce among the several States"

  20. Section 48-108 - CIVIL ACTIONS AND SETTLEMENTS BY THE ATTORNEY GENERAL

    Idaho Code § 48-108   Cited 15 times
    Permitting the state attorney general as parens patriae to bring suit