§Why CasetextPricing

The Kroger Co. et al v. Bumble Bee Foods Llc et al

MOTION to Dismiss for Failure to State a Claim re Amended Complaint

31 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. United States v. Bestfoods

    524 U.S. 51 (1998)   Cited 1,439 times   22 Legal Analyses
    Holding that ownership and control is insufficient to demonstrate an alter-ego relationship

  4. Doe v. Unocal Corp.

    248 F.3d 915 (9th Cir. 2001)   Cited 949 times   1 Legal Analyses
    Holding "court may consider evidence" on motion to dismiss under Rule 12(b)

  5. Neilson v. Union Bank of California, N.A.

    290 F. Supp. 2d 1101 (C.D. Cal. 2003)   Cited 704 times
    Holding that plaintiffs could prevail if they could prove at trial that certain transfers made pursuant to a Ponzi scheme were made within the limitations period of California's UFTA

  6. Kendall v. Visa

    518 F.3d 1042 (9th Cir. 2008)   Cited 595 times   3 Legal Analyses
    Holding that leave to amend would be futile where plaintiff was granted leave to amend once before and the amended complaint contained the same deficiencies as the prior complaint

  7. DM Research, Inc. v. Coll. of Am. Pathologists

    170 F.3d 53 (1st Cir. 1999)   Cited 247 times
    Holding that discovery was not warranted at the motion to dismiss stage

  8. In re TFT-LCD (Flat Panel) Antitrust Litigation

    586 F. Supp. 2d 1109 (N.D. Cal. 2008)   Cited 119 times   1 Legal Analyses
    Holding that the District of Columbia's consumer protection statute is a "comprehensive statute designed to provide procedures and remedies for a broad spectrum of practices which injure consumers", and thus, the plaintiffs could maintain a claim for price fixing (quoting Atwater v. District of Columbia Dep't of Consumer & Reg. Affairs, 566 A.2d 462, 465 (D.C. 1989) )

  9. Name.Space, Inc. v. Internet Corp.

    795 F.3d 1124 (9th Cir. 2015)   Cited 68 times
    Holding that because the plaintiff failed to state an antitrust violation, trademark claim, or other unlawful act, it also failed to state an unfair business practices claim under California law

  10. Gerritsen v. Warner Bros. Entertainment Inc.

    116 F. Supp. 3d 1104 (C.D. Cal. 2015)   Cited 67 times
    Holding it “improper” for a plaintiff to assert an unpled theory of liability in an opposition to a motion to dismiss

  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 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 3,210 times   74 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"