§Why CasetextPricing

Sweeney et al v. Lafayette Pharmaceuticals, Incorporated et al

BRIEF in Opposition

26 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,791 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

  2. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 8,075 times   4 Legal Analyses
    Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

  3. Umland v. Planco Financial

    542 F.3d 59 (3d Cir. 2008)   Cited 1,015 times
    Holding that plaintiff could not bring common-law contract claim where the alleged implied contractual term reflected the provisions of the Federal Insurance Contributions Act, which did not provide a private right of action

  4. Wilson v. El-Daief

    600 Pa. 161 (Pa. 2009)   Cited 167 times   2 Legal Analyses
    In Wilson v. El-Daief, 600 Pa. 161, 964 A.2d 354 (2009), for instance, the Court held the plaintiff’s immediate suspicion of surgical error after surgery did not start the statutory clock as a matter of law because her surgeon denied error and the second opinion she sought suggested surgical error as only one of several possible explanations for her pain.

  5. McLaughlin v. Bayer Corp.

    172 F. Supp. 3d 804 (E.D. Pa. 2016)   Cited 57 times
    Holding that the learned intermediary doctrine bars UTPCPL claim and dismissing separate fraudulent and negligent misrepresentation claims on other grounds

  6. Drelles v. Manufacturers Life Ins. Co.

    2005 Pa. Super. 249 (Pa. Super. Ct. 2005)   Cited 69 times
    Explaining that not all contract principles apply to consumer insurance contracts

  7. Parkinson v. Guidant Corp.

    315 F. Supp. 2d 741 (W.D. Pa. 2004)   Cited 64 times
    Finding that statements made on a defendant's website that the plaintiff became aware of post-sale could not give rise to an express warranty claim

  8. Davenport v. Medtronic, Inc.

    302 F. Supp. 2d 419 (E.D. Pa. 2004)   Cited 53 times   3 Legal Analyses
    Dismissing breach of express warranty claim because the plaintiff decided not to avail himself of the relief provided by the terms of the warranty

  9. Fidler v. Eastman Kodak Co.

    714 F.2d 192 (1st Cir. 1983)   Cited 97 times
    Finding that knowledge of injury does not require knowledge that defendant's breached a duty to cause the injury

  10. Kee v. Zimmer, Inc.

    871 F. Supp. 2d 405 (E.D. Pa. 2012)   Cited 34 times   2 Legal Analyses
    Noting that a patient with an artificial knee implant can be a buyer under Pennsylvania law

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 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 40,207 times   337 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 2725 - Statute of limitations in contracts for sale

    13 Pa. C.S. § 2725   Cited 104 times
    Relating to statute of limitations in contract for sale