42 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
Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 17,334 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
Frederico v. Home Depot
507 F.3d 188 (3d Cir. 2007) Cited 2,284 times 8 Legal Analyses
Holding a dismissal order "without prejudice" was a final order because the plaintiff elected to stand on her original complaint rather than amend or refile it
McTernan v. City of York
564 F.3d 636 (3d Cir. 2009) Cited 1,333 times
Holding that to satisfy the pleading standard, the plaintiff "must identify a custom or policy, and specify what exactly that custom or policy was"
DiLeo v. Ernst Young
901 F.2d 624 (7th Cir. 1990) Cited 1,599 times 3 Legal Analyses
Holding accountants owe no duty "to search and sing"
Sikirica v. Nationwide Ins. Co.
416 F.3d 214 (3d Cir. 2005) Cited 649 times
Holding the thirty-day removal period under 28 U.S.C. § 1444(b) is triggered by a complaint not a writ of summons
Seville Indus Machinery v. Southmost Machinery
742 F.2d 786 (3d Cir. 1984) Cited 1,179 times
Holding that Rule 9(b) does not requires a plaintiff to plead date, place, or time of alleged fraud
In re Advanta Corp. Securities Litigation
180 F.3d 525 (3d Cir. 1999) Cited 643 times
Holding that plaintiffs "may not rest on a bare inference that a defendant `must have had' knowledge of the facts."
Rolo v. City Investing Co. Liquidating Trust
155 F.3d 644 (3d Cir. 1998) Cited 495 times
Holding that prior to class certification, the adequacy of the pleading in a RICO action must be based on the specificity of the fraud allegation relating to the named plaintiffs
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 357,835 times 950 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 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 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,349 times 17 Legal Analyses
Making affidavits and declarations effectively synonymous
Section 18-101 - Definitions
Del. Code tit. 6 § 18-101 Cited 158 times 17 Legal Analyses
Including in the definition of operating agreement "any agreement . . . , written, oral or implied, of the member or members as to the affairs of a limited liability company and the conduct of its business"

Apicella et al v. Hunter et al

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

Holding a dismissal order "without prejudice" was a final order because the plaintiff elected to stand on her original complaint rather than amend or refile it

Holding that to satisfy the pleading standard, the plaintiff "must identify a custom or policy, and specify what exactly that custom or policy was"

Holding accountants owe no duty "to search and sing"

Holding the thirty-day removal period under 28 U.S.C. § 1444(b) is triggered by a complaint not a writ of summons

Holding that Rule 9(b) does not requires a plaintiff to plead date, place, or time of alleged fraud

Holding that plaintiffs "may not rest on a bare inference that a defendant `must have had' knowledge of the facts."

Holding that prior to class certification, the adequacy of the pleading in a RICO action must be based on the specificity of the fraud allegation relating to the named plaintiffs

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. . . ."

Making affidavits and declarations effectively synonymous

Including in the definition of operating agreement "any agreement . . . , written, oral or implied, of the member or members as to the affairs of a limited liability company and the conduct of its business"