§Why CasetextPricing

THE MICHAEL S. RULLE FAMILY DYNASTY TRUST v. AGL LIFE ASSURANCE COMPANY

MOTION to Dismiss the Amended Complaint

58 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,484 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,331 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,143 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,349 times   308 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance

  5. Pension Benefit Guaranty Corp. v. White Consolidated Industries, Inc.

    998 F.2d 1192 (3d Cir. 1993)   Cited 6,185 times
    Holding that, when reviewing a motion to dismiss, courts consider "allegations contained in the complaint, exhibits attached to the complaint and matters of public record"

  6. Pryor v. Nat'l Collegiate Athletic Ass'n

    288 F.3d 548 (3d Cir. 2002)   Cited 1,296 times
    Holding that "[a]lthough a district court may not consider matters extraneous to the pleadings, a document integral to or explicitly relied upon in the complaint may be considered without converting the motion to dismiss in one for summary judgment"

  7. Etoll, Inc. v. Elias/Savion Advertising, Inc.

    2002 Pa. Super. 347 (Pa. Super. Ct. 2002)   Cited 644 times
    Holding plaintiff's fraud claims were barred by gist of the action doctrine because the acts "arose in the course of the parties' contractual relationship" and "the fraud claims [were] inextricably intertwined with the contract claims"

  8. Winer Family Trust v. Queen

    503 F.3d 319 (3d Cir. 2007)   Cited 477 times   4 Legal Analyses
    Holding that the group pleading doctrine is not applicable to those that are not officers or directors of the at-issue company

  9. Yocca v. Pittsburgh Steelers Sports, Inc.

    578 Pa. 479 (Pa. 2004)   Cited 493 times   3 Legal Analyses
    Holding that an integration clause is a "clear sign" that a writing represents the entire agreement between the parties

  10. Instit. Investors Group v. Avaya, Inc.

    564 F.3d 242 (3d Cir. 2009)   Cited 419 times   4 Legal Analyses
    Holding that "the 'on track' and 'position us' portions of the [] statements, when read in context, cannot meaningfully be distinguished from the future projection of which they are a part"

  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 346,675 times   923 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,974 times   317 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,474 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  14. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,203 times   134 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"