Filed July 27, 2016
"Factual allegations must be enough to raise a right to relief above the speculative level . . . on the assumption that all the allegations in the complaint are true (even if doubtful in fact)." Twombly, 550 U.S. at 555 (citations omitted). In Breeden v. League Services Corp., 575 P.2d 1374, 1376 (Okla. 1978), and as acknowledged in Miller v. Miller, 956 P.2d 887, 900 (Okla. 1998), the Oklahoma Supreme Court adopted the standards of section 46 of the Restatement of Torts (Second) (1997) for claims of intentional infliction of emotional distress. Under this standard, an action for intentional infliction of emotional distress "will lie only where there is extreme and outrageous conduct coupled with severe emotional distress."
Filed April 3, 2008
See Twombly, 127 S. Ct. at 1964-65 (plaintiff must allege more than “labels and conclusions”). Plaintiffs cite paragraph 4, Dir. Opp. at 30, but it alleges only, “[a]s a result of defendants’ unlawful conduct, plaintiffs and members of the Class paid higher prices for TFT-LCD Products than what they would have paid in a competitive market.”
Filed August 12, 2016
’” Lorenzana v. S. Am. Restaurants Corp., 799 F.3d 31, 35 (1st Cir. 2015) (quoting Iqbal, 556 U.S. at 678–79). The Complaint’s vague and conclusory factual allegations fail “to raise a right to relief above the speculative level,” Twombly, 550 U.S. at 555, and thus cannot “survive[] a motion to dismiss.” Iqbal, 556 U.S. at 679.
Filed February 27, 2017
“A complaint will survive a motion to dismiss if it contains sufficient factual matter to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (citing Twombly, 550 U.S. at 570). “A claim has facial plausibility when the pleaded factual content allows the court to draw the reasonable inference that the defendant is liable for misconduct alleged.”
Filed September 21, 2015
Although Plaintiffs choose to ignore it, such pre-Auction selling provides a more obvious and plausible explanation for the alleged pre-Auction price drop than the alleged manipulation claimed by Plaintiffs. See Twombly, 550 U.S. at 567-68.29 c. The Complaint Fails To Adequately Allege That Defendants Had the Ability To Influence Prices.
Filed April 30, 2015
When those allegations are stripped away, plaintiffs only offer assertions that defendants had a supposed motive and opportunity to conspire, which falls far short of providing the “factual enhancement” needed to “nudge[] [plaintiffs’] claims across the line from conceivable to plausible.” Twombly, 550 U.S. at 557, 569. Common Motive.
Filed November 12, 2014
Given that the FTC’s case depends on all of these implausible assumptions being accepted, it simply cannot state an actionable claim. See Twombly, 550 U.S. at 555–56 & n.3; In re Ins. Brokerage, 618 F.3d at 319; Great W. Mining & Mineral Co., 615 F.3d at 177. CONCLUSION For the foregoing reasons, Defendants respectfully request that the Court dismiss Count II of the FTC’s complaint with prejudice, and dismiss Count I to the extent it is based upon an alleged “reverse payment” under Actavis.
Filed September 8, 2009
This bald assertion is not enough to “nudge[] [plaintiffs’] claims across the line from conceivable to plausible.” Twombly, 550 U.S. at 570. Accordingly, Count I should be dismissed for failure to state a claim upon which relief can be granted.
Filed September 15, 2016
If plaintiffs do not “nudge[] their claims across the line from conceivable to plausible, their complaint must be dismissed.” Twombly, 550 U.S. at 570. ARGUMENTS I. PLAINTIFFS’ COMPLAINT FAILS TO STATE HOW EACH OF THE MDEQ EMPLOYEE DEFENDANTS, THROUGH THEIR INDIVIDUAL ACTS, COMMITTED THE TORTS WHICH ARE THE SUBJECT OF THE PLAINTIFFS’ COMPLAINT.
Filed September 8, 2016
The plaintiff must point to factual allegations that “state a claim to relief that is Case 2:13-cv-00489-RAJ Document 74 Filed 02/27/14 Page 3 of 18Case 9:16-cv-80967-BB Document 27-3 Ent red on LSD Docket 09/08/2016 Page 11 of 26 ORDER – 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 568 (2007). If the plaintiff succeeds, the complaint avoids dismissal if there is “any set of facts consistent with the allegations in the complaint” that would entitle the plaintiff to relief.