§Why CasetextPricing

Sprint Nextel Corporation v. AT&T, Inc. et al

Memorandum in opposition to re MOTION to Dismiss Complaint Joint Opposition to Defendants' Motions to Dismiss the Complaints of Sprint and Cellular South

55 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 269,029 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 281,939 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. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,763 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  4. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,271 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  5. E.I. Du Pont De Nemours & Co. v. Kolon Industries, Inc.

    637 F.3d 435 (4th Cir. 2011)   Cited 2,827 times   1 Legal Analyses
    Holding that exclusive dealing agreements are unlawful where they "severely limit ... competition for the most important customers in categories needed to gain a foothold for effective competition"

  6. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.

    429 U.S. 477 (1977)   Cited 2,109 times   20 Legal Analyses
    Holding that mere economic loss does not amount to an antitrust injury under the antitrust laws

  7. Atlantic Richfield Co. v. USA Petroleum Co.

    495 U.S. 328 (1990)   Cited 859 times   6 Legal Analyses
    Holding that an antitrust injury is an injury that is "attributable to an anti-competitive aspect of the practice under scrutiny"

  8. Verizon Comm. v. Law Offices of Trinko

    540 U.S. 398 (2004)   Cited 536 times   61 Legal Analyses
    Holding even a monopolist has no duty to cooperate with rivals

  9. Brown Shoe Co. v. United States

    370 U.S. 294 (1962)   Cited 1,857 times   34 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

  10. Cargill, Inc. v. Monfort of Colorado, Inc.

    479 U.S. 104 (1986)   Cited 693 times   5 Legal Analyses
    Holding that a Clayton Act plaintiff "must show a threat of antitrust injury" to warrant injunctive relief

  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 363,942 times   963 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 165,126 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 15 - Suits by persons injured

    15 U.S.C. § 15   Cited 5,773 times   36 Legal Analyses
    Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."

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

    15 U.S.C. § 18   Cited 1,546 times   52 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 1,489 times   2 Legal Analyses
    Seeking injunctive relief