24 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,746 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 17,465 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
Connelly v. Lane Constr. Corp.
809 F.3d 780 (3d Cir. 2016) Cited 3,981 times 1 Legal Analyses
Holding that a prima facie case is an evidentiary standard, not a “proper measure of whether a complaint fails to state a claim”
Gould Elecs. Inc. v. U.S.
220 F.3d 169 (3d Cir. 2000) Cited 2,712 times 1 Legal Analyses
Holding that the phrase "law of the place" in the sixth prong of § 1346(b) is jurisdictional
Bruno v. Erie Ins. Co.
106 A.3d 48 (Pa. 2014) Cited 405 times 4 Legal Analyses
Holding that the claim was not barred, in part, because it was not founded on the breach of any specific executory promise contained in the contract
Semerenko v. Cendant Corp.
223 F.3d 165 (3d Cir. 2000) Cited 635 times 1 Legal Analyses
Holding that securities fraud plaintiffs could not prove reasonable reliance on financial statements after they were informed that the statements contained accounting irregularities
Farabaugh v. Pa. Turnpike
590 Pa. 46 (Pa. 2006) Cited 144 times 1 Legal Analyses
Holding that a landowner did not owe a duty to an independent contractor's employee under § 343 because the contractor "was fully aware of the potential, non-obvious danger"
Andrulonis v. U.S.
26 F.3d 1224 (2d Cir. 1994) Cited 151 times
Holding federal impleader rule permits defendant to implead a joint tortfeasor for contribution before the right to contribution accrues because third party may be liable to defendant for share of plaintiff's primary judgment
Salvio v. Amgen, Inc.
810 F. Supp. 2d 745 (W.D. Pa. 2011) Cited 41 times 3 Legal Analyses
Finding causation inadequately pled where plaintiff, inter alia, "failed to provide any facts about how the change in the 'black box' warning affected her choice to either continue taking [the medication], or stop taking it"
EQT Prod. Co. v. Terra Servs., LLC
179 F. Supp. 3d 486 (W.D. Pa. 2016) Cited 34 times
Finding liability was contractual in nature where the contract stated the work would be performed in a "workmanlike" and "safe" manner
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,831 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 14 - Third-Party Practice
Fed. R. Civ. P. 14 Cited 3,713 times 10 Legal Analyses
Striking improper third-party claim is appropriate remedy
Section 8322 - Definition
42 Pa. C.S. § 8322 Cited 87 times
Defining "joint tortfeasors" as "two or more persons jointly or severally liable in tort for the same injury to persons or property."

Apple American Group, Llc v. Gbc Design, Inc.

24 Cited authorities

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 that a prima facie case is an evidentiary standard, not a “proper measure of whether a complaint fails to state a claim”

Holding that the phrase "law of the place" in the sixth prong of § 1346(b) is jurisdictional

Holding that the claim was not barred, in part, because it was not founded on the breach of any specific executory promise contained in the contract

Holding that securities fraud plaintiffs could not prove reasonable reliance on financial statements after they were informed that the statements contained accounting irregularities

Holding that a landowner did not owe a duty to an independent contractor's employee under § 343 because the contractor "was fully aware of the potential, non-obvious danger"

Holding federal impleader rule permits defendant to implead a joint tortfeasor for contribution before the right to contribution accrues because third party may be liable to defendant for share of plaintiff's primary judgment

Finding causation inadequately pled where plaintiff, inter alia, "failed to provide any facts about how the change in the 'black box' warning affected her choice to either continue taking [the medication], or stop taking it"

Finding liability was contractual in nature where the contract stated the work would be performed in a "workmanlike" and "safe" manner

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

Striking improper third-party claim is appropriate remedy

Defining "joint tortfeasors" as "two or more persons jointly or severally liable in tort for the same injury to persons or property."