ANSWERING BRIEF in Opposition re MOTION to Dismiss Based upon Defendant's Unenforceability Counterclaims and to Strike Defendant's Eleventh Affirmative Defense
550 U.S. 544 (2007) Cited 266,313 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' "
Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"
402 U.S. 313 (1971) Cited 2,221 times 13 Legal Analyses
Holding issue preclusion inappropriate when "without fault of his own the [party to be precluded] was deprived of crucial evidence or witnesses in the first litigation"
Holding that plaintiff could not bring common-law contract claim where the alleged implied contractual term reflected the provisions of the Federal Insurance Contributions Act, which did not provide a private right of action
Holding that allegation that "Exergen, its agents and/or attorneys . . . knew of the material information and deliberately withheld or misrepresented it" without naming "the specific individual associated with the filing or prosecution of the application" was not sufficiently particular to satisfy the "who" element of an inequitable conduct claim
324 U.S. 806 (1945) Cited 1,062 times 9 Legal Analyses
Holding that clean-hands doctrine "presupposes [a court of equity's] refusal ... to be the ‘abetter of iniquity’ " (quoting Bein v. Heath , 47 U.S. 228, 247, 6 How. 228, 12 L.Ed. 416 (1848) )