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Wise v. Energy Plus Holdings LLC

MEMORANDUM OF LAW in Opposition re: 12 MOTION to Dismiss the Amended Complaint.. Document

42 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,544 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 266,461 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 61,599 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"

  4. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,758 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  5. Virginia Bankshares, Inc. v. Sandberg

    501 U.S. 1083 (1991)   Cited 609 times   22 Legal Analyses
    Holding that § 14 liability may not be established on "mere disbelief or undisclosed motive without any demonstration that the proxy statement was false or misleading"

  6. Guggenheimer v. Ginzburg

    43 N.Y.2d 268 (N.Y. 1977)   Cited 4,071 times   2 Legal Analyses
    Reversing grant of motion to dismiss

  7. Pension Fund v. Marine Bank

    85 N.Y.2d 20 (N.Y. 1995)   Cited 1,516 times   1 Legal Analyses
    Holding that the definition of deceptive acts and practices under GBL § 349 includes "representations or omissions"

  8. Cohen v. Koenig

    25 F.3d 1168 (2d Cir. 1994)   Cited 574 times
    Holding that although "officers and directors of a corporation cannot be held individually liable for their company's obligations ... are not generally liable for their corporation's debts or its breach of a contract, ... [they] may be held liable for fraud if they participate in it or have actual knowledge of it."

  9. Lipton v. Nature Co.

    71 F.3d 464 (2d Cir. 1995)   Cited 503 times   5 Legal Analyses
    Holding that defendant's claim that he conducted "thorough" research was nonactionable puffery

  10. Pelman ex Rel. Pelman v. McDonald's Corp.

    396 F.3d 508 (2d Cir. 2005)   Cited 219 times
    Holding that a claim under Section 349 is "not subject to the pleading-with-particularity requirements of Rule 9(b), but need only meet the bare-bones notice-pleading requirements of Rule 8"

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,116 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 349 - Deceptive acts and practices unlawful

    N.Y. Gen. Bus. Law § 349   Cited 4,808 times   106 Legal Analyses
    Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"

  13. Section 6-13.1-1 - Definitions

    R.I. Gen. Laws § 6-13.1-1   Cited 63 times   3 Legal Analyses
    Defining "unfair trade practices" as those "[c]ausing likelihood of confusion or of misunderstanding"

  14. Section 6-13.1-2 - Unlawful acts or practices

    R.I. Gen. Laws § 6-13.1-2   Cited 36 times   1 Legal Analyses

    Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are declared unlawful. R.I. Gen. Laws § 6-13.1-2 P.L. 1968, ch. 12, § 1.

  15. Section 349-D - Energy services company consumers bill of rights

    N.Y. Gen. Bus. Law § 349-D   Cited 29 times
    Permitting private right of action for violation of subsection

  16. Section 6-13.1-3 - Interpretation

    R.I. Gen. Laws § 6-13.1-3   Cited 7 times

    It is the intent of the legislature that in construing §§ 6-13.1-1 and 6-13.1-2 due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to § 5(a) of the Federal Trade Commission Act. 15 U.S.C. § 45(a)(1), as from time to time amended. R.I. Gen. Laws § 6-13.1-3 Amended by 2014 Pub. Laws, ch. 528,§ 10, eff. 12/31/2014. P.L. 1968, ch. 12, § 1.