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The Retirees of the Goodyear Tire and Rubber Company Health Care Trust Committee v. State Street Corporation et al

MEMORANDUM in Opposition re MOTION to Dismiss Count III of the Amended Complaint

21 Cited authorities

  1. Firestone v. Firestone

    76 F.3d 1205 (D.C. Cir. 1996)   Cited 1,268 times
    Holding that the court may dismiss a claim on timeliness grounds “only if the complaint on its face is conclusively time-barred”

  2. Doe v. United States Dept. of Justice

    753 F.2d 1092 (D.C. Cir. 1985)   Cited 426 times
    Holding that claim should not be dismissed if some type of relief, not limited to relief asked for in the complaint, can be awarded

  3. Henry v. Daytop Village, Inc.

    42 F.3d 89 (2d Cir. 1994)   Cited 159 times
    Holding that the court could not construe the plaintiff's claim as an admission against another or inconsistent claim

  4. Santana-Castro v. Toledo-Dávila

    579 F.3d 109 (1st Cir. 2009)   Cited 92 times
    Finding that even though plaintiff's letter states a different amount of damages than the complaint, plaintiff still meets the first identicality requirement because the letter put defendant on notice of a potential lawsuit for damages

  5. Molsbergen v. United States

    757 F.2d 1016 (9th Cir. 1985)   Cited 150 times
    Holding that the federal rules give freedom to plead inconsistent claims

  6. Grant v. Shapiro & Burson, LLP

    871 F. Supp. 2d 462 (D. Md. 2012)   Cited 59 times
    Holding that plaintiff failed to allege that defendants were engaged in an "enterprise" because the complaint alleged only that the "Defendants engaged in a mortgage lending enterprise."

  7. Kuwait Airways Corp. v. Am. Sec. Bank, N.A.

    890 F.2d 456 (D.C. Cir. 1989)   Cited 98 times
    Rejecting application of discovery rule where injury was not latent

  8. Avco Corp. v. Precision Air Parts, Inc.

    676 F.2d 494 (11th Cir. 1982)   Cited 117 times
    Finding that trade secret misappropriation is not a continuing tort

  9. Palmer v. Bd. of Educ. Comm. Unit School Dist

    46 F.3d 682 (7th Cir. 1995)   Cited 76 times
    Holding that a racial discrimination claim "arises each day a child is assigned to school under a racially discriminatory policy"

  10. Smith v. Brown Williamson Tobacco Corp.

    3 F. Supp. 2d 1473 (D.D.C. 1998)   Cited 51 times
    Dismissing product liability claims for injuries allegedly caused by cigarettes because of the Surgeon General's warning and because of the well known dangers of cigarette smoking

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,896 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 94,812 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  13. Section 260:2A - Three years; actions of tort, contract to recover for personal injuries and replevin

    Mass. Gen. Laws ch. 260 § 2A   Cited 598 times   1 Legal Analyses
    Establishing three-year statute of limitations for tort claims