§Why CasetextPricing

Sweeney et al v. Kimberly-Clark Corporation et al

RESPONSE in Opposition re MOTION to Dismiss First Amended Complaint DE 71 Motion to Dismiss, Or In the Alternative Motion for Summary Judgment and Motion to Strike Class Allegations

21 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 262,920 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 276,185 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. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 240,497 times   39 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  4. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 220,007 times   41 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  5. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 115,036 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

  6. Jackson v. Bellsouth Telecomms.

    372 F.3d 1250 (11th Cir. 2004)   Cited 1,836 times   1 Legal Analyses
    Holding that the same analysis applies to federal and Florida RICO claims

  7. Rollins v. Butland

    951 So. 2d 860 (Fla. Dist. Ct. App. 2007)   Cited 548 times   6 Legal Analyses
    Holding that a private individual seeking a consumer claim for damages under FDUTPA has to prove actual damages

  8. Stephens v. Dept. of Health and Human Serv

    901 F.2d 1571 (11th Cir. 1990)   Cited 641 times   1 Legal Analyses
    Holding judicial review of personnel decision related to preference-eligible exempt employee foreclosed by CSRA

  9. Snook v. Trust Co. of Ga. Bank of Savannah

    859 F.2d 865 (11th Cir. 1988)   Cited 237 times   1 Legal Analyses
    Holding that entry of summary judgment was improper where nonmoving party were deprived of the opportunity to obtain discovery to discover facts necessary to justify their opposition to the motion

  10. Davis v. Powertel, Inc.

    776 So. 2d 971 (Fla. Dist. Ct. App. 2000)   Cited 154 times   1 Legal Analyses
    Holding that it is not necessary

  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 357,280 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. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 161,761 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 501.201 - Short title

    Fla. Stat. § 501.201   Cited 1,004 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.