22 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Brooks v. Ross
578 F.3d 574 (7th Cir. 2009) Cited 3,323 times
Holding that a claim is plausible if the facts alleged raise a reasonable expectation that discovery will yield evidence supporting the allegations
Gibson v. City of Chicago
910 F.2d 1510 (7th Cir. 1990) Cited 2,993 times 1 Legal Analyses
Holding that "the actions of an officer who has no authority whatsoever to act" are outside the ambit of § 1983
Holtzman v. Turza
728 F.3d 682 (7th Cir. 2013) Cited 137 times 5 Legal Analyses
Holding that fax that "devotes about 75% of the space to mundane advice and the remainder to [Defendant's] name, address, logo, and specialties" was an advertisement
Sierra Club v. Van Antwerp
526 F.3d 1353 (11th Cir. 2008) Cited 121 times
Finding that where a proposed action is a “minimizing measure,” the agency does not need to supplement the EIS because “a minimizing measure's effects on the environment will usually fall within the scope of the original NEPA analysis”
Weinberg v. City of Chicago
310 F.3d 1029 (7th Cir. 2002) Cited 113 times
Holding a ban on "peddling" within 1,000 feet of a sports arena unconstitutional because the defendant "provided no objective evidence that traffic flow on the sidewalk or street is disrupted when [the plaintiff] sells his book"
Missouri ex rel. Nixon v. American Blast Fax, Inc.
323 F.3d 649 (8th Cir. 2003) Cited 86 times 2 Legal Analyses
Holding that unsolicited commercial fax prohibition in Telephone Consumer Protection Act was a reasonable fit with substantial governmental interest of reducing costs and intrusion, because commercial faxes are more intrusive than non-commercial faxes
Nack v. Walburg
715 F.3d 680 (8th Cir. 2013) Cited 54 times 3 Legal Analyses
Holding a private action that attacks the validity of an agency order nonetheless implicates the statutory review procedure because "[t]o hold otherwise merely because the issue has arisen in private litigation would permit an end-run around the administrative review mandated by the Hobbs Act"
Phillips Randolph v. Adler-Weiner Research Chicago
526 F. Supp. 2d 851 (N.D. Ill. 2007) Cited 41 times
Holding that fax offering $200 honorarium for participating in "research discussion" as part of "research study" is not an advertisement because it "does not promote a ‘commercially available service,’ but a research study"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1951 - Interference with commerce by threats or violence
18 U.S.C. § 1951 Cited 11,921 times 51 Legal Analyses
Defining extortion in ACCA as “the obtaining of something of value from another, with his consent, induced by the wrongful use or threatened use of force against the person or property of another ”
Section 227 - Restrictions on use of telephone equipment
47 U.S.C. § 227 Cited 5,769 times 742 Legal Analyses
Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

AL and PO Corporation v. Med-Care Diabetic & Medical Supplies, Inc.

22 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that a claim is plausible if the facts alleged raise a reasonable expectation that discovery will yield evidence supporting the allegations

Holding that "the actions of an officer who has no authority whatsoever to act" are outside the ambit of § 1983

Holding that fax that "devotes about 75% of the space to mundane advice and the remainder to [Defendant's] name, address, logo, and specialties" was an advertisement

Finding that where a proposed action is a “minimizing measure,” the agency does not need to supplement the EIS because “a minimizing measure's effects on the environment will usually fall within the scope of the original NEPA analysis”

Holding a ban on "peddling" within 1,000 feet of a sports arena unconstitutional because the defendant "provided no objective evidence that traffic flow on the sidewalk or street is disrupted when [the plaintiff] sells his book"

Holding that unsolicited commercial fax prohibition in Telephone Consumer Protection Act was a reasonable fit with substantial governmental interest of reducing costs and intrusion, because commercial faxes are more intrusive than non-commercial faxes

Holding a private action that attacks the validity of an agency order nonetheless implicates the statutory review procedure because "[t]o hold otherwise merely because the issue has arisen in private litigation would permit an end-run around the administrative review mandated by the Hobbs Act"

Holding that fax offering $200 honorarium for participating in "research discussion" as part of "research study" is not an advertisement because it "does not promote a ‘commercially available service,’ but a research study"

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

Defining extortion in ACCA as “the obtaining of something of value from another, with his consent, induced by the wrongful use or threatened use of force against the person or property of another ”

Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals