42 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,626 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,542 times 365 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 16,815 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 2,218 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
Lum v. Bank of Am.
361 F.3d 217 (3d Cir. 2004) Cited 2,087 times 1 Legal Analyses
Holding that "mak[ing] general claims that defendants misrepresented that the prime rate is the lowest rate charged to their most creditworthy customers" does not satisfy the Rule 9(b) standard because "they do not indicate the date, time, or place of the alleged misrepresentations, the financial transactions in connection with which these misrepresentations were made, or who made the misrepresentation to whom"
Miree v. DeKalb County
433 U.S. 25 (1977) Cited 725 times
Holding that, even when the United States was a party to the contracts at issue, "whether petitioners as third-party beneficiaries of the contracts have standing to sue" was a question of state law, not of federal common law
DiLeo v. Ernst Young
901 F.2d 624 (7th Cir. 1990) Cited 1,592 times 3 Legal Analyses
Holding accountants owe no duty "to search and sing"
Petruska v. Gannon University
462 F.3d 294 (3d Cir. 2006) Cited 763 times 3 Legal Analyses
Holding that a negligent misrepresentation claim was unaffected by the ministerial exception because its resolution "does not turn on the lawfulness of the decision to restructure, but rather upon the truth or falsity of the assurances that she would be evaluated on her merits" and that the breach of contract claim could also move forward because enforcement "in no way constitutes a state-imposed limit upon a church's free exercise rights," although it would be subject to an evaluation of whether resolution "required inquiry into the church's ecclesiastical policy"
In re Advanta Corp. Securities Litigation
180 F.3d 525 (3d Cir. 1999) Cited 633 times
Holding that plaintiffs "may not rest on a bare inference that a defendant `must have had' knowledge of the facts."
Cox v. Sears Roebuck & Co.
138 N.J. 2 (N.J. 1994) Cited 636 times 8 Legal Analyses
Holding that a "consumer is not obligated to pay an indebtedness arising out of conduct that violates the [CFA]"
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 345,805 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,918 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 56:8-1 - Applicability of C.56:8-1 et seq
N.J. Stat. § 56:8-1 Cited 2,076 times 56 Legal Analyses
Defining "merchandise" under the PLA as "any objects, wares, goods, commodities, services or anything offered, directly or indirectly to the public for sale"
Section 56:8-2 - Fraud, etc., in connection with sale or advertisement of merchandise or real estate as unlawful practice
N.J. Stat. § 56:8-2 Cited 1,244 times 13 Legal Analyses
Prohibiting "any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact"

Berks Plant Design And Maintenance, Inc. v. Gaf Materials Corporation

42 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

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, even when the United States was a party to the contracts at issue, "whether petitioners as third-party beneficiaries of the contracts have standing to sue" was a question of state law, not of federal common law

Holding accountants owe no duty "to search and sing"

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

Holding that a "consumer is not obligated to pay an indebtedness arising out of conduct that violates the [CFA]"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Defining "merchandise" under the PLA as "any objects, wares, goods, commodities, services or anything offered, directly or indirectly to the public for sale"

Prohibiting "any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact"