§Why CasetextPricing

Southworth v. Hartford Investment Financial Services LLC

MEMORANDUM in Support re MOTION to Dismiss for Failure to State a Claim

30 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 271,409 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 284,187 times   370 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,703 times   106 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,664 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  5. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,680 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"

  6. Alexander v. Sandoval

    532 U.S. 275 (2001)   Cited 2,794 times   35 Legal Analyses
    Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"

  7. In re Rockefeller Ctr. Props.

    184 F.3d 280 (3d Cir. 1999)   Cited 787 times
    Holding that “[t]he parties can take advantage of this opportunity only if they have ‘notice of the conversion'” which is “unambiguous” and “fairly apprise the parties that the court intends to convert the motion”

  8. Migdal v. Rowe Price-Fleming Intern., Inc.

    248 F.3d 321 (4th Cir. 2001)   Cited 722 times   3 Legal Analyses
    Holding that “Rule 12(b) requires more than the mere recitation of boilerplate statutory language”

  9. Burks v. Lasker

    441 U.S. 471 (1979)   Cited 386 times   3 Legal Analyses
    Holding that the "question whether a cause of action exists is not a question of jurisdiction, and therefore may be assumed without being decided"

  10. Jones v. Harris Associates

    559 U.S. 335 (2010)   Cited 89 times   29 Legal Analyses
    Holding that deference is due where a board's process “for negotiating and reviewing investment-adviser compensation is robust”

  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 366,511 times   968 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 166,425 times   198 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 80a-2 - Definitions; applicability; rulemaking considerations

    15 U.S.C. § 80a-2   Cited 245 times   19 Legal Analyses
    Defining "interested person"

  14. Section 80a-15 - Contracts of advisers and underwriters

    15 U.S.C. § 80a-15   Cited 105 times   1 Legal Analyses
    Outlining directors' duty to approve contracts with investment advisers

  15. Section 12B.1 - Definitions

    Iowa Code § 12B.1   Cited 1 times

    As used in this chapter, unless the context otherwise requires, "book", "list", "record", or "schedule" kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1. Iowa Code § 12B.1 2000 Acts, ch 1148, §1 2000 Acts, ch 1148, §1