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TPTCC NY, Inc. et al v. Radiation Therapy Services, Inc. et al

MEMORANDUM OF LAW in Opposition re: 51 MOTION to Dismiss First Amended Complaint., 53 MOTION to Dismiss Amended Complaint., 57 MOTION to Dismiss the First Amended Complaint.. Document

122 Cited authorities

  1. 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

  2. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 64,333 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  3. Feist Publications, Inc. v. Rural Tel. Service Co.

    499 U.S. 340 (1991)   Cited 3,518 times   45 Legal Analyses
    Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"

  4. Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.

    508 U.S. 49 (1993)   Cited 1,151 times   42 Legal Analyses
    Holding litigants immune from an antitrust claim under Noerr-Pennington immunity

  5. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.

    429 U.S. 477 (1977)   Cited 2,090 times   20 Legal Analyses
    Holding that mere economic loss does not amount to an antitrust injury under the antitrust laws

  6. Copperweld Corp. v. Independence Tube Corp.

    467 U.S. 752 (1984)   Cited 1,453 times   29 Legal Analyses
    Holding that a parent and a wholly owned subsidiary have a "complete unity of interest" because "their objectives are common" and "their general corporate actions are guided or determined not by two separate corporate consciousness, but one"

  7. EBC I, Inc. v. Goldman, Sachs & Co.

    5 N.Y.3d 11 (N.Y. 2005)   Cited 2,127 times   1 Legal Analyses
    Holding that underwriter of initial public offering had fiduciary duty to disclose to issuer its "compensation arrangements with its customers," whereby it was to receive percentage of profits generated in post-offering resales

  8. California Transport v. Trucking Unlimited

    404 U.S. 508 (1972)   Cited 1,591 times   7 Legal Analyses
    Holding "the right to petition extends to all departments of the Government," including the courts

  9. Columbia v. Omni Outdoor Advertising, Inc.

    499 U.S. 365 (1991)   Cited 554 times   9 Legal Analyses
    Holding that there is no "conspiracy" exception to the Noerr-Pennington doctrine

  10. Eternity Global Master Fund Ltd. v. Morgan Guaranty Trust Co.

    375 F.3d 168 (2d Cir. 2004)   Cited 1,260 times   3 Legal Analyses
    Holding that, to state a breach of contract claim, a plaintiff must allege, inter alia, "the existence of an agreement, . . . breach of contract by the defendant"

  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 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 64,200 times   79 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,431 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  14. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,521 times   177 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  15. Section 410 - Registration of claim and issuance of certificate

    17 U.S.C. § 410   Cited 1,536 times   12 Legal Analyses
    Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid

  16. Section 13 - Action or proceeding against unincorporated association

    N.Y. Gen. Ass'ns Law § 13   Cited 148 times
    Stating that labor organization may be served by serving certain officers or business agent

  17. Section 202.1 - Material not subject to copyright

    37 C.F.R. § 202.1   Cited 252 times   7 Legal Analyses
    Denying registration to "[w]ords and short phrases such as names, titles, and slogans; familiar symbols and designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents."