§Why CasetextPricing

Wimberly et al v. Abbott Laboratories, Inc.

Motion to Dismiss for Failure to State a Claim

26 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 257,305 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,937 times   367 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. Arista Records v. Doe 3

    604 F.3d 110 (2d Cir. 2010)   Cited 2,888 times   1 Legal Analyses
    Holding that "[t]he Twombly plausibility standard . . . does not prevent a plaintiff from pleading facts alleged upon information and belief where the facts are peculiarly within the possession and control of the defendant, or where the belief is based on factual information that makes the inference of culpability plausible"

  4. Nakahata v. N.Y.-Presbyterian Healthcare Sys., Inc.

    723 F.3d 192 (2d Cir. 2013)   Cited 612 times   3 Legal Analyses
    Holding "[a]llegations of fraud are subject to a heightened pleading standard"

  5. Ricciuti v. N.Y.C. Transit Authority

    941 F.2d 119 (2d Cir. 1991)   Cited 1,198 times
    Holding “a dozen or more instances of alleged, conceded, or adjudicated improper arrests” over fourteen-year-period, including nine instances in the five years leading up to plaintiff's contested arrest, sufficient to withstand motion to dismiss

  6. Voss v. Black & Decker Manufacturing Co.

    59 N.Y.2d 102 (N.Y. 1983)   Cited 678 times   2 Legal Analyses
    Holding that " manufacturer is held liable regardless of his lack of actual knowledge of the condition of the product because he is in the superior position to discover any design defects and alter the design before making the product available to the public"

  7. Denny v. Ford Motor Co.

    87 N.Y.2d 248 (N.Y. 1995)   Cited 418 times   3 Legal Analyses
    Affirming distinction, under New York law, between claims based on strict products liability and breach of implied warranty of fitness pursuant to N.Y. U.C.C. § 2–314[c], including being “minimally safe” for the product's “expected purpose”

  8. Jones v. New York State Div. of Military and Naval Affairs

    166 F.3d 45 (2d Cir. 1998)   Cited 305 times
    Holding the intramilitary immunity applies to suits for damages under 42 U.S.C. § 1983

  9. Colon v. BIC USA, Inc.

    199 F. Supp. 2d 53 (S.D.N.Y. 2001)   Cited 219 times   1 Legal Analyses
    Finding that to successfully plead a manufacturing defect claim, the complaint must allege both "that a specific product unit was defective as a result of some mishap in the manufacturing process itself, improper workmanship, or because defective materials were used in construction," and "that the defect was the cause of plaintiff's injury."

  10. Reed v. Pfizer, Inc.

    839 F. Supp. 2d 571 (E.D.N.Y. 2012)   Cited 82 times   2 Legal Analyses
    Holding that design-defect claim was subject to dismissal because "Plaintiffs do not plead facts alleging the existence of a feasible alternative design that would make the product safer, as is required to establish a design defect, under ... New York law"

  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 351,086 times   937 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 158,801 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 36,298 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  14. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,165 times   17 Legal Analyses
    Making affidavits and declarations effectively synonymous

  15. Section 2-725 - Statute of Limitations in Contracts for Sale

    N.Y. U.C.C. Law § 2-725   Cited 424 times   2 Legal Analyses
    Stating that a cause of action for breach of warranty accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach

  16. Section 2-313 - Express Warranties by Affirmation, Promise, Description, Sample

    N.Y. U.C.C. Law § 2-313   Cited 298 times
    Defining express warranties