26 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,484 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 267,331 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' "
Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 16,867 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
Fowler v. UPMC Shadyside
578 F.3d 203 (3d Cir. 2009) Cited 14,116 times 4 Legal Analyses
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"
Blonder-Tongue v. University Foundation
402 U.S. 313 (1971) Cited 2,223 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"
Umland v. Planco Financial
542 F.3d 59 (3d Cir. 2008) Cited 992 times
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
Therasense v. Becton, Dickinson and Co.
649 F.3d 1276 (Fed. Cir. 2011) Cited 683 times 46 Legal Analyses
Holding that both materiality and intent to deceive must be shown; each must be established by clear and convincing evidence
Exergen Corporation v. Wal-Mart Stores, Inc.
575 F.3d 1312 (Fed. Cir. 2009) Cited 675 times 16 Legal Analyses
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
Precision Co. v. Automotive Co.
324 U.S. 806 (1945) Cited 1,063 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) )
Moody v. Atl. City Bd. of Educ.
870 F.3d 206 (3d Cir. 2017) Cited 199 times 1 Legal Analyses
Concluding that sexually-charged comments and physical grabbing satisfy the first four elements of a prima facie case for hostile work environment
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 346,675 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,633 times 194 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,974 times 317 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 262 - Regulation of biological products
42 U.S.C. § 262 Cited 196 times 396 Legal Analyses
Providing that a license shall issue "only upon a showing" by the manufacturer

Genentech, Inc. et al v. Amgen Inc.

26 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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 a district court need not permit a curative amendment if such amendment would be futile

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"

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 both materiality and intent to deceive must be shown; each must be established by clear and convincing evidence

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) )

Concluding that sexually-charged comments and physical grabbing satisfy the first four elements of a prima facie case for hostile work environment

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Providing that a license shall issue "only upon a showing" by the manufacturer