§Why CasetextPricing

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

RESPONSE in Opposition re Defendant's MOTION to Dismiss [19] Amended Complaint,,,,,,, [33] MOTION to Dismiss [19] Amended Complaint,,,,,, and Incorporated Memorandum of Law, [27] Defendant's MOTION to Dismiss [19] Amended Complaint,,,,,,, [25] MOTION to Dismiss [19] Amended Complaint,,,,,,, [21] MOTION to Dismiss [19] Amended Complaint,,,,,

73 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,746 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. Boyle v. United States

    556 U.S. 938 (2009)   Cited 1,177 times   9 Legal Analyses
    Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."

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

    553 U.S. 639 (2008)   Cited 1,140 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

  5. United States v. Turkette

    452 U.S. 576 (1981)   Cited 2,752 times   2 Legal Analyses
    Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity

  6. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,699 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

  7. Reves v. Ernst Young

    507 U.S. 170 (1993)   Cited 1,436 times   1 Legal Analyses
    Holding that the defendant "participates" if he "directs" the pattern of racketeering activity

  8. Anza v. Ideal Steel Supply Corp.

    547 U.S. 451 (2006)   Cited 874 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

  9. Rotella v. Wood

    528 U.S. 549 (2000)   Cited 940 times   4 Legal Analyses
    Holding RICO claims accrue upon a plaintiff's discovery of their injury, not discovery of Defendants' actions

  10. Agency Holding Corp. v. Malley-Duff Assocs

    483 U.S. 143 (1987)   Cited 1,200 times   1 Legal Analyses
    Holding that civil RICO actions are subject to a four-year statute of limitations

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,114 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 16,268 times   61 Legal Analyses
    Specifying prohibited activities

  14. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 15,219 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  15. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,232 times   43 Legal Analyses
    Granting civil remedies for RICO violation

  16. Section 501.201 - Short title

    Fla. Stat. § 501.201   Cited 1,017 times   9 Legal Analyses

    This part shall be known and may be cited as the "Florida Deceptive and Unfair Trade Practices Act." Fla. Stat. § 501.201 s. 1, ch. 73-124.

  17. Section 95.031 - Computation of time

    Fla. Stat. § 95.031   Cited 639 times   9 Legal Analyses
    Delaying the start of the four-year limitations period for actions "founded upon fraud" until "the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence"

  18. Section 501.212 - Application

    Fla. Stat. § 501.212   Cited 164 times   8 Legal Analyses
    Disallowing " claim for personal injury or death or a claim to property other than the property that is the subject of the consumer transaction."

  19. Section 607.1405 - Effect of dissolution

    Fla. Stat. § 607.1405   Cited 23 times   1 Legal Analyses

    (1) A corporation that has dissolved continues its corporate existence, but the dissolved corporation may not carry on any business except that appropriate to wind up and liquidate its business and affairs, including: (a) Collecting its assets; (b) Disposing of its properties that will not be distributed in kind to its shareholders; (c) Discharging or making provision for discharging its liabilities; (d) Making distributions of its remaining assets among its shareholders according to their interests;