§Why CasetextPricing

Whitman & Company, Inc. v. Longview Partners (Guernsey) Limited et al

MEMORANDUM in Support re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

18 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,791 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

  3. Platten v. HG Berm. Exempted Ltd.

    437 F.3d 118 (1st Cir. 2006)   Cited 268 times
    Holding that conclusory allegations of misrepresentation are insufficient to assert personal jurisdiction where "plaintiff's failed to provide any details . . . including any misrepresentations that were made at that time, who may have made them, and in what capacity"

  4. Berner v. Delahanty

    129 F.3d 20 (1st Cir. 1997)   Cited 323 times
    Holding that courtroom is a nonpublic forum

  5. Massachusetts Eye & Ear Infirmary v. QLT Phototherapeutics, Inc.

    412 F.3d 215 (1st Cir. 2005)   Cited 210 times
    Holding that because no contract exists, there can be no derivative implied covenant of good faith and fair dealing

  6. Santagate v. Tower

    64 Mass. App. Ct. 324 (Mass. App. Ct. 2005)   Cited 171 times
    Holding that the reasonable expectations of the parties determines whether a benefit is unjust

  7. The Comm. Bldrs. v. Indian Motocycle Assoc

    44 Mass. App. Ct. 537 (Mass. App. Ct. 1998)   Cited 95 times   1 Legal Analyses
    Holding that it was appropriate to hold the two principal shareholders liable as individuals under c. 93A

  8. Massachusetts Lab. Health Wel. v. Philip Morris

    62 F. Supp. 2d 236 (D. Mass. 1999)   Cited 63 times
    Holding plaintiff could not recover under Chapter 93A for claim based on fraud where plaintiff failed to prove reliance on false statements was reasonable

  9. Lasalle Nat. Bank v. Perelman

    82 F. Supp. 2d 279 (D. Del. 2000)   Cited 53 times   1 Legal Analyses
    Addressing issues on motion for summary judgment rather than on a motion to dismiss

  10. Reed v. Zipcar, Inc.

    883 F. Supp. 2d 329 (D. Mass. 2012)   Cited 29 times
    Holding that the existence of a chapter 93A claim, regardless of its viability, barred plaintiff's claim for unjust enrichment

  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 362,607 times   962 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."