§Why CasetextPricing

Versionone, Inc v. Inpixon et al

Brief in Support to 9 MOTION to Dismiss

16 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 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 267,097 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. Giarratano v. Johnson

    521 F.3d 298 (4th Cir. 2008)   Cited 2,868 times
    Holding a court need not accept as true a complaint's legal conclusions, "unwarranted inferences, unreasonable conclusions, or arguments."

  4. Randall v. U.S.

    30 F.3d 518 (4th Cir. 1994)   Cited 518 times
    Holding that reputational stigma that interferes with obtaining employment or practicing a profession is not sufficient to state a constitutional claim

  5. Armstrong Petroleum Corp. v. Tri-Valley Oil & Gas Co.

    116 Cal.App.4th 1375 (Cal. Ct. App. 2004)   Cited 236 times
    Holding that monthly payments were divisible from each other and that a new cause of action for breach accrued periodically

  6. Centex Constr. v. Acstar Ins. Co.

    448 F. Supp. 2d 697 (E.D. Va. 2006)   Cited 33 times
    Denying amendment where admissions had not, as argued, "rested on a mistaken premise" such as to prevent presentation of the merits but were "based on a correct interpretation"

  7. T . . . v. T

    216 Va. 867 (Va. 1976)   Cited 69 times
    Holding that a husband who promised his wife that he would care for her child by another man if she married him and, when she did, did treat the child as his own, was later estopped during child support proceedings from claiming a statute of frauds violation

  8. High Falls Brewing Co. v. Boston Beer Corp.

    852 F. Supp. 2d 306 (W.D.N.Y. 2012)   Cited 10 times
    Implying that the “substantial certainty” standard and the “probable and foreseeable outcome” standard are similar

  9. Burgess v. Global Clean Energy Holdings, Inc.

    Case No. 2:11-CV-682 TS (D. Utah Nov. 14, 2011)

    Case No. 2:11-CV-682 TS. November 14, 2011. MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS AND ORDERING AMENDMENT TED STEWART, United States District Judge. This matter is before the Court on Defendant Global Clean’s Motion to Dismiss. Global Clean asks the Court to dismiss Plaintiff’s Complaint under Rule 12(b)(6). The Court will grant the motion to dismiss Plaintiff’s Complaint, without prejudice to the filing of an amended complaint. I. BACKGROUND Plaintiff Deirdra Burgess

  10. Young v. Virginia Birth-Related Neurological Injury Compensation Program

    620 S.E.2d 131 (Va. Ct. App. 2005)   Cited 1 times

    Record No. 2505-04-3. October 4, 2005. Michael R. McCarthy (Collier Shannon Scott, PLLC, on briefs), Washington, DC, for appellants. Angela Boice Axselle, Assistant Attorney General (Judith Williams Jagdmann, Attorney General; Francis S. Ferguson, Deputy Attorney General, on brief), for appellee. Present: BUMGARDNER, CLEMENTS, JJ. and STRICKLAND, Ret.J. Retired Judge Diane McQ. Strickland participated in this case by designation pursuant to Code § 17.1-400(C). CLEMENTS, Judge. William T. Young, Jr

  11. Section 1624 - Contracts deemed invalid unless note or memorandum in writing

    Cal. Civ. Code § 1624   Cited 1,318 times   4 Legal Analyses
    Establishing that the statute of frauds applies to contracts "for the sale of real property, or of an interest therein"

  12. Section 11-2 - [Effective Until 7/1/2024] When written evidence required to maintain action

    Va. Code § 11-2   Cited 99 times   1 Legal Analyses
    Mandating that "any agreement that is not to be performed within a year" must be "in writing and signed" to be enforceable