Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 17,302 times 2 Legal AnalysesHolding that a district court need not permit a curative amendment if such amendment would be futile
California Public Employees' Retirement System v. Chubb Corp.
394 F.3d 126 (3d Cir. 2004) Cited 1,297 times 4 Legal AnalysesHolding that confidential witness allegations lacked sufficient sources when brief job descriptions, such as “senior customer service team leader,” did not show how the confidential witnesses could “possess information that the standard commercial business was succeeding or failing on a national level”
In re Rockefeller Center Properties, Inc.
311 F.3d 198 (3d Cir. 2002) Cited 1,379 timesHolding that a plaintiff must set forth the "who, what, when, where, and how" of the alleged fraud
Phillips v. LCI International, Inc.
190 F.3d 609 (4th Cir. 1999) Cited 1,142 times 1 Legal AnalysesHolding that “a court may consider [a document attached to a motion to dismiss] in determining whether to dismiss the complaint [when] it was integral to and explicitly relied on in the complaint and [when] the plaintiffs do not challenge its authenticity.”
In re Advanta Corp. Securities Litigation
180 F.3d 525 (3d Cir. 1999) Cited 642 timesHolding that plaintiffs "may not rest on a bare inference that a defendant `must have had' knowledge of the facts."
Winer Family Trust v. Queen
503 F.3d 319 (3d Cir. 2007) Cited 490 times 4 Legal AnalysesHolding that the group pleading doctrine is not applicable to those that are not officers or directors of the at-issue company
Instit. Investors Group v. Avaya, Inc.
564 F.3d 242 (3d Cir. 2009) Cited 433 times 4 Legal AnalysesHolding that confidential witness allegations were detailed enough when: they reflect information about the relevant company's inability to compete with specific competitors, specific price reductions the company was forced to accept, and the specific clients who received discounts
Cozzarelli v. Inspire
549 F.3d 618 (4th Cir. 2008) Cited 405 times 1 Legal AnalysesHolding the district court did not abuse its discretion in denying leave to amend where the plaintiffs never filed a motion seeking leave nor presented the district court with a proposed amended complaint
Gen. Partner Glenn Tongue v. Sanofi
816 F.3d 199 (2d Cir. 2016) Cited 315 times 11 Legal AnalysesFinding that pharmaceutical company's expression of "even exceptional optimism" about a drug's approval was not misleading and thus not actionable, even in light of FDA's repeated concerns about the company's methodology
Or. Pub. Emps. Ret. Fund v. Apollo Grp. Inc.
774 F.3d 598 (9th Cir. 2014) Cited 264 times 2 Legal AnalysesHolding that allegations of loss causation must satisfy Federal Rule of Civil Procedure 9(b) ’s heightened "particularity" requirement
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 161,536 times 197 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."