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State Farm Mutual Automobile Insurance Company et al v. Kugler, MD et al

MEMORANDUM in Support re MOTION to Dismiss [19] Amended Complaint,,,,,

37 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,520 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 265,488 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' "

  3. Bridge v. Phoenix Bond & Indem. Co.

    553 U.S. 639 (2008)   Cited 1,100 times   7 Legal Analyses
    Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules

  4. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,661 times   8 Legal Analyses
    Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers

  5. Hemi Group, LLC v. City of New York

    559 U.S. 1 (2010)   Cited 761 times   2 Legal Analyses
    Holding that the defendant retailer's failure to make state-law-required disclosures that would make it easier for the City to recover delinquent taxes did not proximately cause the City's injury, which more directly came from the delinquent taxpayers themselves

  6. Anza v. Ideal Steel Supply Corp.

    547 U.S. 451 (2006)   Cited 848 times   5 Legal Analyses
    Holding that a business could not recover against its competitor for a scheme to defraud the New York State tax authority that allowed the defendant to undercut the plaintiff's prices

  7. American Dental Assoc. v. Cigna Corp.

    605 F.3d 1283 (11th Cir. 2010)   Cited 1,578 times
    Holding that the district court properly dismissed plaintiffs' § 1962(c) claims because plaintiffs had not sufficiently pled the acts of mail and wire fraud alleged to form a pattern of racketeering activity

  8. Jackson v. Bellsouth Telecomms.

    372 F.3d 1250 (11th Cir. 2004)   Cited 1,768 times   1 Legal Analyses
    Holding that the same analysis applies to federal and Florida RICO claims

  9. Brooks v. Blue Cross & Blue Shield of Florida, Inc.

    116 F.3d 1364 (11th Cir. 1997)   Cited 1,903 times
    Holding that employees "who have not suffered an injury in that they have been covered by Medicare for the medical care they have received retain a sufficient interest in this action for purposes of the Constitutional 'case or controversy' requirement"

  10. Raney v. Allstate Ins. Co.

    370 F.3d 1086 (11th Cir. 2004)   Cited 594 times
    Holding that the filing of a lawsuit did not state a claim for extortion as a predicate act under RICO

  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 344,565 times   920 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,830 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,376 times   102 Legal Analyses
    Relating to mail fraud