§Why CasetextPricing

Sobiech v. U.S. Gas & Electric, Inc. et al

RESPONSE in Opposition re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint

45 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,728 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  3. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,382 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  4. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

    507 U.S. 163 (1993)   Cited 5,191 times   2 Legal Analyses
    Holding that there is no heightened pleading requirement in § 1983 suits against municipalities

  5. H. J. Inc. v. Northwestern Bell Telephone Co.

    492 U.S. 229 (1989)   Cited 3,686 times   9 Legal Analyses
    Holding that the continuity prong can be met by showing that related predicate offenses continued over a substantial period of time or posed a threat of continuing activity

  6. Powell v. McCormack

    395 U.S. 486 (1969)   Cited 3,165 times   1 Legal Analyses
    Holding that the obviation of the petitioner's claim for injunctive relief did not render the whole case moot, when a damages claim for backpay remained

  7. Shane v. Fauver

    213 F.3d 113 (3d Cir. 2000)   Cited 3,207 times
    Holding that unless amendment would be futile, a district court must give a plaintiff the opportunity to amend a complaint that fails to state a claim

  8. Md. Casualty Co. v. Pacific Co.

    312 U.S. 270 (1941)   Cited 2,979 times   7 Legal Analyses
    Holding that declaratory judgment action was ripe where state action was pending, and state law gave party the right to sue the other

  9. Aetna Life Ins. Co. v. Haworth

    300 U.S. 227 (1937)   Cited 3,516 times   1 Legal Analyses
    Holding that a request for a declaratory judgment regarding an insured's disability was justiciable

  10. Public Serv. Comm'n v. Wycoff Co.

    344 U.S. 237 (1952)   Cited 1,368 times
    Holding that federal "judicial power does not extend to abstract questions" and the dispute in a particular case "must not be nebulous or contingent but must have taken on fixed and final shape" (internal quotation marks and alterations omitted)

  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 362,607 times   962 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 164,455 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 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 25,173 times   63 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  14. Rule 57 - Declaratory Judgment

    Fed. R. Civ. P. 57   Cited 1,622 times   5 Legal Analyses
    Preserving right to trial by jury in declaratory judgment action under circumstances and in manner provided in Rules 38 and 39