16 Cited authorities

  1. West v. Atkins

    487 U.S. 42 (1988)   Cited 34,598 times   1 Legal Analyses
    Holding that a state's delegation of its duty to provide medical care to prisoners rendered a contract physician a state actor
  2. Shane v. Fauver

    213 F.3d 113 (3d Cir. 2000)   Cited 3,126 times
    Holding that unless amendment would be futile, a district court must give a plaintiff the opportunity to amend a complaint that fails to state a claim
  3. Lorenz v. CSX Corp.

    1 F.3d 1406 (3d Cir. 1993)   Cited 786 times
    Holding that leave to amend may be denied “based on bad faith or dilatory motives, truly undue or unexplained delay, repeated failures to cure the deficiency by amendments previously allowed, or futility of amendment”
  4. Jablonski v. Pan American World Airways, Inc.

    863 F.2d 289 (3d Cir. 1988)   Cited 755 times
    Holding that amendment of the complaint is futile if the amendment will not cure the deficiency in the original complaint or if the amended complaint cannot withstand a renewed motion to dismiss
  5. Harvey v. Plains Tp. Police Dept

    421 F.3d 185 (3d Cir. 2005)   Cited 404 times
    Holding that plaintiff had failed to establish that the landlord was a state actor because the landlord had merely acted at the police officer's direction in opening the plaintiffs front door
  6. Massarsky v. General Motors Corp.

    464 U.S. 937 (1983)   Cited 233 times
    Recognizing district court may properly deny motion to amend where amendment would not withstand a motion to dismiss
  7. Massarsky v. General Motors Corp.

    706 F.2d 111 (3d Cir. 1983)   Cited 518 times
    Holding that court may refuse to allow amendment that fails to state cause of action
  8. Jones v. Bush

    122 F. Supp. 2d 713 (N.D. Tex. 2000)   Cited 53 times
    Holding that harm experienced by "Plaintiff and all other American citizens" was too "undifferentiated and general nature" to confer standing on voters
  9. Perot v. Federal Election Commission

    97 F.3d 553 (D.C. Cir. 1996)   Cited 44 times
    Rejecting claim by third party candidate who sought to be included in Commission debates, and opining that "if the court were to enjoin the [Commission] from staging the debates or from choosing debate participants, there would be a substantial argument that the court would itself violate the [Commission's] First Amendment rights"
  10. Conroy v. City of Philadelphia

    421 F. Supp. 2d 879 (E.D. Pa. 2006)   Cited 12 times

    Civil Action No. 03-4240. March 15, 2006. Faye Riva Cohen, Philadelphia, PA, for Plaintiff. Daniel L. Garry, City of Philadelphia Law Department, Philadelphia, PA, for Defendants. OPINION POLLAK, District Judge. In or about August 2002, plaintiff Lisa Conroy filed a Charge of Discrimination against the City of Philadelphia ("City") and the Philadelphia Police Department with the Equal Employment Opportunity Commission ("EEOC"), alleging sex-based discrimination. In April 2003, the EEOC issued Ms

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 488,603 times   692 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
  12. 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 347,250 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,919 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  14. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,191 times   556 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party
  15. Section 431 - Transferred

    2 U.S.C. § 431   Cited 471 times   2 Legal Analyses
    Exempting news stories, commentaries, and editorials from FECA's definition of "expenditure"
  16. Section 1481 - Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions

    8 U.S.C. § 1481   Cited 253 times   4 Legal Analyses
    Providing that United States nationality may be lost by "voluntarily performing" certain acts "with the intention of relinquishing United States nationality"