green
Positive treatment
Quoted verbatim 1×
4.4 score
“a party has been wrongfully enjoined' under fed.r.civ.p. 65 (c) if it is ultimately found that the enjoined party had at all times the right to do the enjoined act.”
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996
2011
2026
Top citers, strongest first. 29 distinct citers.
discussed
Cited as authority (quoted)
Ex Parte Waterjet Systems, Inc.
a party has been wrongfully enjoined' under fed.r.civ.p. 65 (c) if it is ultimately found that the enjoined party had at all times the right to do the enjoined act.
cited
Cited "see"
Barnes v. State Department of Corrections
See Short v. Edison Chouest Offshore, Inc., 638 So.2d 790, 793 (Ala.), cert. denied, 513 U.S. 822 , 115 S.Ct. 85 , 130 L.Ed.2d 37 (1994).
discussed
Cited "see"
Republic of Panama v. BCCI Holdings (Luxembourg) S.A.
See IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1055-57 (2d Cir.1993) (comparing jurisdictional standards under 12(b)(1) and 12(b)(2) with 12(b)(6) standards), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
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Cited "see"
Republic Of Panama v. Bcci Holdings (Luxembourg) S.A.
See IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1055-57 (2d Cir.1993) (comparing jurisdictional standards under 12(b)(1) and 12(b)(2) with 12(b)(6) standards), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994). 15 When a jurisdictional motion to dismiss depends, as in this case, on the assertion of a right created by a federal statute, the court should dismiss for lack of jurisdiction only if "the right claimed is 'so insubstantial, implausible, foreclosed by prior decisions of this Court, or otherwise devoid of merit as not to involve a federal controversy.' " Id. at 10…
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Cited "see, e.g."
Sunergy Solutions LLC v. Underriner
See Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 575 (1999); Sinochem Int’l Co. v. Malaysia Int’l Shipping Corp., 549 U.S. 422 , 430–31 (2007) (citing Steel Co. v. Citizens for Better Env’t, 523 U.S. 83, 118 (1998)); see also Republic of Panama v. BCCI Holdings (Luxembourg) S.A., 119 F.3d 935 , 941–42 (11th Cir. 1997) (“[I]nsofar as an asserted federal claim is not wholly immaterial or insubstantial, a plaintiff is entitled to take advantage of the federal statute’s nationwide service of process provision.” (citing IUE AFL–CIO Pension Fund v. Herrmann, 9 F.3d 1049 , 1055–5…
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Cited "see, e.g."
Prou v. Giarla
Therefore, “if personal jurisdiction can be established under RICO, the doctrine of pendent personal jurisdiction would come into play, making it unnecessary to consider Florida’s long-arm statute.” Koch, 847 F.Supp.2d at 1374 ; see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1056 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994) (“[U]nder the doctrine of pendent personal jurisdiction, where a federal statute authorizes nationwide service of process and the federal and state claims ‘derive from a common nucleus of operative fact’ ... the d…
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Cited "see, e.g."
Inamed Corporation, Inamed Development Company and Bioenterics Corporation v. Lubomyr I. Kuzmak
See 4 Wright & Miller, Federal Practice and Procedure § 1069.2 *1363 (2000); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1056-57 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
discussed
Cited "see, e.g."
Aupperlee v. Coughlin
DISCUSSION A. Rule 12(b)(6) On a motion to dismiss for failure to state a claim, the Court should dismiss the complaint pursuant to Rule 12(b)(6) if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Northrop v. Hoffman of Simsbury, Inc., 134 F.3d 41, 44 (2d Cir.1997) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 [1957]); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
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Cited "see, e.g."
Rodolico v. Unisys Corp.
DISCUSSION A. Fed.R.Civ.P. 12(b)(6) On a motion to dismiss for failure to state a claim, the Court should dismiss the complaint pursuant to Rule 12(b)(6) if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Northrop v. Hoffman of Simsbury, Inc., 134 F.3d 41, 44 (2d Cir.1997) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 [1957]); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
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Cited "see, e.g."
Covello v. Depository Trust Co., Local 153
Fed.R.Civ.P. 12(b)(6) On a motion to dismiss for failure to state a claim, the Court should dismiss the *61 complaint pursuant to Rule 12(b)(6) if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Northrop v. Hoffman of Simsbury, Inc., 134 F.3d 41, 44 (2d Cir.1997) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 [1957]); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
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Cited "see, e.g."
Asdourian v. Konstantin
DISCUSSION A. Fed.R.Civ.P. 12(b)(6) On a motion to dismiss for failure to state a claim, the Court should dismiss the complaint pursuant to Rule 12(b)(6) if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Northrop v. Hoffman of Simsbury, Inc., 134 F.3d 41, 44 (2d Cir.1997) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 [1957]); see also IUE AFL —CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), *353 cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1…
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Cited "see, e.g."
Arizona Premium Finance, Inc. v. Bielli
DISCUSSION A. Fed.R.Civ.P. 12(b)(6) On a motion to dismiss for failure to state a claim, the Court should dismiss the complaint pursuant to Rule 12(b)(6) if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Northrop v. Hoffman of Simsbury, Inc., 134 F.3d 41, 44 (2d Cir.1997) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 (1957)); see also IUE AFL —CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994)…
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Cited "see, e.g."
East Hampton Airport Property Owners Ass'n v. Town Board
DISCUSSION A. Rule 12(b)(6) On a motion to dismiss for failure to state a claim, the Court should dismiss the complaint pursuant to Rule 12(b)(6) if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” *143 Northrop v. Hoffman of Simsbury, Inc., 134 F.3d 41, 44 (2d Cir.1997) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 [1957]); see also IUE AFL —CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
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Cited "see, e.g."
Lambertson v. Kerry Ingredients, Inc.
On a motion to dismiss for failure to state a claim, the Court should dismiss the complaint pursuant to Rule 12(b)(6) only if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Northrop v. Hoffman of Simsbury, Inc., 134 F.3d 41, 44 (2d Cir.1997) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
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Cited "see, e.g."
DeSantis v. Roz-Ber, Inc.
On a motion to dismiss for failure to state a claim, the Court should dismiss the complaint pursuant to Rule 12(b)(6) if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Northrop v. Hoffman of Simsbury, Inc., 134 F.3d 41, 44 (2d Cir.1997) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 [1957]); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
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Cited "see, e.g."
Bell Sports, Inc. v. System Software Associates, Inc.
On a motion to dismiss for failure to state a claim, the Court should dismiss the complaint pursuant to Rule 12(b)(6) if it appears “beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Northrop v. Hoffman of Simsbury, Inc., 134 F.3d 41, 44 (2d Cir.1997) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 [1957]); see also IUE AFL —CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
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Cited "see, e.g."
Morris v. Northrop Grumman Corp.
Rule 12(b)(6) Standard On a motion to dismiss for failure to state a claim, “the court should not dismiss the complaint pursuant to Rule 12(b)(6) unless it appears ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’ ” Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049 , 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
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Cited "see, e.g."
Continental Orthopedic Appliances, Inc. v. Health Insurance Plan of Greater New York, Inc.
DISCUSSION A. Fed.R.Civ.P. 12(b)(6) standard On a motion to dismiss for failure to state a claim, “the court should not dismiss the complaint pursuant to Rule 12(b)(6) unless it appears ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’” Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
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Cited "see, e.g."
CONTINENTAL ORTHOPEDIC APP. v. Health Ins. Plan
DISCUSSION A. Fed.R.Civ.P. 12(b)(6) standard On a motion to dismiss for failure to state a claim, "the court should not dismiss the complaint pursuant to Rule 12(b)(6) unless it appears `beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.'" Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
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Cited "see, e.g."
Warren v. Fischl
Rule 12(b)(6) standard On a motion to dismiss for failure to state a claim, “the court should not dismiss the complaint pursuant to Rule 12(b)(6) unless it appears ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’ ” Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)); see also IUE AFL —CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
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Cited "see, e.g."
Continental Orthopedic Appliances, Inc. v. Health Insurance Plan
DISCUSSION A Fed.R.Civ.P. 12(b)(6) standard On a motion to dismiss for failure to state a claim, “the court should not dismiss the complaint pursuant to Rule 12(b)(6) unless it appears ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’” Goldman v. Belden, 754 F.2d.l059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)); see also IUE AFL —CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir. 1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (199…
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Cited "see, e.g."
Harrison v. NBD INC.
Standard of review On a motion to dismiss for failure to state a claim, “the court should not dismiss the complaint pursuant to Rule 12(b)(6) unless it appears ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’” Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
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Cited "see, e.g."
Willner v. Town of North Hempstead
Fed.R.Civ.P. 12(b)(6) standard Oh a motion to dismiss for failure to state a claim, “the court should not dismiss the complaint pursuant to Rule 12(b)(6) unless it appears ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 102 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
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Cited "see, e.g."
Procter & Gamble Co. v. Quality King Distributors, Inc.
Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41 , *195 45-46, 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
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Cited "see, e.g."
Deepwells Estates Inc. v. Incorporated Village of Head of the Harbor
Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 5.Ct. 86, 130 L.Ed.2d 38 (1994).
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Cited "see, e.g."
In Re Health Management, Inc. Securities Litigation
Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985)(quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 102 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
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Cited "see, e.g."
Harrison v. NBD INC.
Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049,1052-53 (2d Cir.1993), cert. denied, 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
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Cited "see, e.g."
Federal Deposit Insurance v. Pelletreau & Pelletreau
Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985) (quoting Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 102 , 2 L.Ed.2d 80 (1957)); see also IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1052-53 (2d Cir.1993), 513 U.S. 822 , 115 S.Ct. 86 , 130 L.Ed.2d 38 (1994).
Schenley Press, Inc.
v.
Maryland Comptroller of the Treasury
v.
Maryland Comptroller of the Treasury
No. 93-2040.
Supreme Court of the United States.
Oct 3, 1994.
Published
Citer courts: Supreme Court of Alabama (1)
Ct. Sp. App. Md. Certiorari denied.