40 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,784 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 266,697 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 16,825 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
Klaxon Co. v. Stentor Co.
313 U.S. 487 (1941) Cited 10,483 times 6 Legal Analyses
Holding that Erie doctrine applies to conflict-of-law rules
Bistrian v. Levi
696 F.3d 352 (3d Cir. 2012) Cited 2,094 times
Holding the plaintiff had sufficiently alleged a substantive due process violation under the "expressed intent to punish" prong where placement of the plaintiff in solitary confinement was allegedly a vindictive response to a challenge brought by the plaintiff's lawyer
Garrett v. Wexford Health
938 F.3d 69 (3d Cir. 2019) Cited 743 times
Holding that an amended complaint filed post-incarceration cures a former inmate's failure to exhaust administrative remedies while imprisoned so long as the amended complaint relates back to the initial complaint
Samuel-Bassett v. Kia Motors America, Inc.
357 F.3d 392 (3d Cir. 2004) Cited 933 times 4 Legal Analyses
Holding that 28 U.S.C. § 1441 is to be strictly construed against removal
In re Rockefeller Ctr. Props.
184 F.3d 280 (3d Cir. 1999) Cited 750 times
Holding that “[t]he parties can take advantage of this opportunity only if they have ‘notice of the conversion'” which is “unambiguous” and “fairly apprise the parties that the court intends to convert the motion”
Horowitz v. Federal Kemper Life Assur. Co.
57 F.3d 300 (3d Cir. 1995) Cited 703 times
Holding that an insurer's letter that refused a claim and its reasons for denying payment "does not represent misfeasance."
Murphy v. Duquesne Univ. of the Holy Ghost
565 Pa. 571 (Pa. 2001) Cited 410 times
Holding that whether a contract is ambiguous is not resolved in a vacuum but that contractual terms are ambiguous when there is "more than one reasonable interpretation when applied to a particular set of facts"
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 111,391 times 572 Legal Analyses
Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,939 times 1234 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Section 1446 - Procedure for removal of civil actions
28 U.S.C. § 1446 Cited 21,770 times 141 Legal Analyses
Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
Section 8371 - Actions on insurance policies
42 Pa. C.S. § 8371 Cited 1,151 times 10 Legal Analyses
Providing a remedy for bad faith
Section 1797 - Customary charges for treatment
75 Pa. C.S. § 1797 Cited 69 times 1 Legal Analyses
Providing right to sue to challenge peer review organization's findings that benefits be denied and specifying awards for enhanced damages, interest, and attorney's fees

BANKS v. ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY

40 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 Erie doctrine applies to conflict-of-law rules

Holding the plaintiff had sufficiently alleged a substantive due process violation under the "expressed intent to punish" prong where placement of the plaintiff in solitary confinement was allegedly a vindictive response to a challenge brought by the plaintiff's lawyer

Holding that an amended complaint filed post-incarceration cures a former inmate's failure to exhaust administrative remedies while imprisoned so long as the amended complaint relates back to the initial complaint

Holding that 28 U.S.C. § 1441 is to be strictly construed against removal

Holding that “[t]he parties can take advantage of this opportunity only if they have ‘notice of the conversion'” which is “unambiguous” and “fairly apprise the parties that the court intends to convert the motion”

Holding that an insurer's letter that refused a claim and its reasons for denying payment "does not represent misfeasance."

Holding that whether a contract is ambiguous is not resolved in a vacuum but that contractual terms are ambiguous when there is "more than one reasonable interpretation when applied to a particular set of facts"

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

Providing a remedy for bad faith

Providing right to sue to challenge peer review organization's findings that benefits be denied and specifying awards for enhanced damages, interest, and attorney's fees