§Why CasetextPricing

The Aspen Brands Holding Company et al v. Wish Rocket, Llc et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

45 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. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,412 times   26 Legal Analyses
    Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

  4. Chaparro v. Carnival Corp.

    693 F.3d 1333 (11th Cir. 2012)   Cited 1,228 times   2 Legal Analyses
    Holding the same when the plaintiffs were "trapped in bus during shooting near [the beach]" where their daughter was shot to death

  5. Griffin v. Irvin

    496 F.3d 1189 (11th Cir. 2007)   Cited 688 times
    Holding that the language in the Equal Protection Clause "may, as it does here, simply operate at too high a level of generality" to make prior case law unnecessary, and that the broad legal principles in "class of one" cases were inapplicable because "the precise facts of a case are critical in evaluating a 'class of one' claim"

  6. Oxford Asset Management, Ltd. v. Jaharis

    297 F.3d 1182 (11th Cir. 2002)   Cited 787 times
    Holding conclusory allegations are insufficient to state a claim

  7. Anderson v. District Board of Trustees of Central Florida Community College

    77 F.3d 364 (11th Cir. 1996)   Cited 936 times
    Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count

  8. Diamond Crystal Brands v. Food Movers Intern

    593 F.3d 1249 (11th Cir. 2010)   Cited 445 times   3 Legal Analyses
    Finding specific jurisdiction when the non-forum defendant "purposefully engag[ed] in fourteen such transactions in just six months," thus establishing "a substantial and ongoing relationship with a Georgia manufacturer"

  9. Cable/Home Communication Corp. v. Network Productions, Inc.

    902 F.2d 829 (11th Cir. 1990)   Cited 793 times   1 Legal Analyses
    Holding that copyright infringement suit against publisher of advocacy campaign newsletter advertising illegal de-scrambling devices does not violate First Amendment

  10. Leigh v. Warner Brothers, Inc.

    212 F.3d 1210 (11th Cir. 2000)   Cited 537 times
    Holding that an affidavit that contains a brief conclusory assertion without supporting facts has no probative value

  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. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,322 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,651 times   326 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  15. Section 1114 - Remedies; infringement; innocent infringement by printers and publishers

    15 U.S.C. § 1114   Cited 8,134 times   90 Legal Analyses
    Holding liable "Any person who shall, without the consent of the registrant — use in commerce any reproduction . . . of a registered mark . . . in connection with which such use is likely to cause confusion."

  16. Section 9-10-91 - Grounds for exercise of personal jurisdiction over nonresident

    Ga. Code § 9-10-91   Cited 530 times   1 Legal Analyses
    Permitting the exercise of Georgia long-arm jurisdiction over a defendant who "[t]ransacts any business within this state"