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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 252,784 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 times   365 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' "

  3. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,288 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  4. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,033 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 2,580 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 2,064 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 835 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 506 times   54 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 1,819 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

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

    479 U.S. 104 (1986)   Cited 679 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 345,981 times   922 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 156,250 times   193 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 5,673 times   35 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 1,506 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 1,451 times   1 Legal Analyses
    Authorizing injunctive relief against "threatened loss or damage by a violation of the antitrust laws"