§Why CasetextPricing

Tmt Marble & Tile, Inc. v. Interglobo USA Inc. et al

BRIEF in Opposition

13 Cited authorities

  1. Morse v. Lower Merion School District

    132 F.3d 902 (3d Cir. 1997)   Cited 6,211 times   2 Legal Analyses
    Holding that because "the notion of deliberate indifference contemplates a danger that must at least be foreseeable," defendant cannot be said to have ignored a foreseeable risk or danger if plaintiff has not shown the existence of such a risk

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

    998 F.2d 1192 (3d Cir. 1993)   Cited 6,207 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"

  3. Lum v. Bank of Am.

    361 F.3d 217 (3d Cir. 2004)   Cited 2,103 times   1 Legal Analyses
    Holding that "mak[ing] general claims that defendants misrepresented that the prime rate is the lowest rate charged to their most creditworthy customers" does not satisfy the Rule 9(b) standard because "they do not indicate the date, time, or place of the alleged misrepresentations, the financial transactions in connection with which these misrepresentations were made, or who made the misrepresentation to whom"

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

    288 F.3d 548 (3d Cir. 2002)   Cited 1,302 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"

  5. O'Brien v. R.J. O'Brien Associates, Inc.

    998 F.2d 1394 (7th Cir. 1993)   Cited 469 times
    Holding that defendant waived insufficiency of process objection by failing to raise it in motion to vacate default

  6. Old Republic Ins. v. Pacific Financial Services

    301 F.3d 54 (2d Cir. 2002)   Cited 340 times
    Holding that hearing was unnecessary where sworn affidavit did not refute "specific facts" established by process server

  7. D.P Enterprises v. Bucks Cty Community College

    725 F.2d 943 (3d Cir. 1984)   Cited 410 times
    Finding plaintiff's averment that a tank was located on defendant's "premises" sufficient to satisfy the "right-of-way" element for purposes of a Rule 12(b) motion

  8. Durukan America, LLC v. Rain Trading, Inc.

    787 F.3d 1161 (7th Cir. 2015)   Cited 37 times
    Considering affidavits and employment records in concluding that there was a dispute of fact over service of process

  9. Garley v. Waddington

    177 N.J. Super. 173 (App. Div. 1981)   Cited 40 times
    Explaining that a facially valid return of service provides a presumption of service that may be rebutted only by clear and convincing evidence

  10. Korvettes, Inc. v. Brous

    617 F.2d 1021 (3d Cir. 1980)   Cited 41 times
    Holding that a declaratory judgment action was proper to resolve dispute as to the validity and enforceability of specific contractual obligations

  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 348,310 times   930 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 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,095 times   17 Legal Analyses
    Permitting the use of declarations instead