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Sun Life Assurance Company of Canada v. U.S. Bank National Association, et al

REPLY BRIEF re MOTION to Dismiss for Failure to State a Claim re U.S. Bank's Counterclaims

48 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 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 276,716 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. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 19,913 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  4. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,334 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  5. Baker v. Carr

    369 U.S. 186 (1962)   Cited 5,279 times   11 Legal Analyses
    Holding that the plaintiffs had standing to challenge Tennessee's apportionment of state representatives when that apportionment "effect[ed] a gross disproportion of representation to voting population"

  6. Kost v. Kozakiewicz

    1 F.3d 176 (3d Cir. 1993)   Cited 3,446 times   1 Legal Analyses
    Holding that where appellant fails to raise an issue in its opening brief, "the appellant normally has abandoned and waived that issue on appeal and it need not be addressed by the court of appeals"

  7. In re Rockefeller Center Properties, Inc.

    311 F.3d 198 (3d Cir. 2002)   Cited 1,383 times
    Holding that a plaintiff must set forth the "who, what, when, where, and how" of the alleged fraud

  8. Md. Casualty Co. v. Pacific Co.

    312 U.S. 270 (1941)   Cited 2,956 times   7 Legal Analyses
    Holding that declaratory judgment action was ripe where state action was pending, and state law gave party the right to sue the other

  9. Aetna Life Ins. Co. v. Haworth

    300 U.S. 227 (1937)   Cited 3,495 times   1 Legal Analyses
    Holding that a request for a declaratory judgment regarding an insured's disability was justiciable

  10. Public Serv. Comm'n v. Wycoff Co.

    344 U.S. 237 (1952)   Cited 1,358 times
    Holding that federal "judicial power does not extend to abstract questions" and the dispute in a particular case "must not be nebulous or contingent but must have taken on fixed and final shape" (internal quotation marks and alterations omitted)

  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 357,835 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,993 times   62 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  13. Section 2513 - Unlawful practice

    Del. Code tit. 6 § 2513   Cited 159 times   1 Legal Analyses
    Imposing liability for "deception, fraud, false pretense, misrepresentation, or the concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression or omission. . . ."

  14. Section 2512 - Purpose; construction

    Del. Code tit. 6 § 2512   Cited 45 times

    The purpose of this subchapter shall be to protect consumers and legitimate business enterprises from unfair or deceptive merchandising practices in the conduct of any trade or commerce in part or wholly within this State. It is the intent of the General Assembly that such practices be swiftly stopped and that this subchapter shall be liberally construed and applied to promote its underlying purposes and policies. 6 Del. C. § 2512 6 Del. C. 1953, § 2512; 55 Del. Laws, c. 46.;

  15. Section 9-F:2 - [Repealed]

    N.H. Rev. Stat. § 9-F:2

    RSA 9-F:2 Repealed by 2020, 37:4, eff. 7/29/2020.

  16. Section 3 CCR 714-1-F-2

    3 Colo. Code Regs. § 714-1-F-2   Cited 7 times

    The Board or its Executive Secretary may issue a Temporary License pursuant to Section 12-51.5-103(3)(f), C.R.S., to applicants who are eligible for such a license upon receipt of a complete application including all fees, fingerprint card, and all parts of the application being filled out and signed. 3 CCR 714-1-F-2