48 Cited authorities

  1. 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
  2. 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
  3. Iannacchino v. Ford Motor Co.

    451 Mass. 623 (Mass. 2008)   Cited 839 times   7 Legal Analyses
    Holding that "a plaintiff's obligation to provide the grounds of his entitle[ment] to relief requires more than labels and conclusions"
  4. Trans-Spec Truck v. Caterpillar

    524 F.3d 315 (1st Cir. 2008)   Cited 647 times
    Holding that filing of motion to amend eleven months after deadline established by scheduling order was unjustifiable, absent issues of estoppel
  5. Rollins v. Butland

    951 So. 2d 860 (Fla. Dist. Ct. App. 2007)   Cited 551 times   6 Legal Analyses
    Holding that a private individual seeking a consumer claim for damages under FDUTPA has to prove actual damages
  6. Klay v. Humana, Inc.

    382 F.3d 1241 (11th Cir. 2004)   Cited 560 times   5 Legal Analyses
    Holding that where there were variations in state laws precluding a single class of doctors alleging breaches of contract by health maintenance organizations that systematically underpaid physicians for their services, subclasses could be certified covering class members applying the same legal standards
  7. In re Colonial Mortgage Bankers Corp.

    324 F.3d 12 (1st Cir. 2003)   Cited 469 times
    Holding that a judge may dismiss a case based on the affirmative defense of claim preclusion if the defense is disclosed in “the complaint, the documents (if any) incorporated therein, matters of public record, and other matters of which the court may take judicial notice”; and (b) “the facts so gleaned ... conclusively establish the ... defense”
  8. Clorox Co. Puerto Rico v. Proctor Gamble

    228 F.3d 24 (1st Cir. 2000)   Cited 391 times   3 Legal Analyses
    Holding that the court may consider a document "integral to or explicitly relied upon in the complaint, even though not attached to the complaint" (quoting Shaw v. Digit. Equip. Corp., 82 F.3d 1194, 1220 (1st Cir. 1996) )
  9. Aspinall v. Philip Morris Companies, Inc.

    442 Mass. 381 (Mass. 2004)   Cited 270 times   5 Legal Analyses
    Holding that conduct is actionably “deceptive when it has the capacity to mislead consumers, acting reasonably under the circumstances, to act differently from the way they otherwise would have acted (i.e., to entice a reasonable consumer to purchase the product)”
  10. Slaney v. Westwood Auto, Inc.

    366 Mass. 688 (Mass. 1975)   Cited 337 times
    Holding Massachusetts' Consumer Protection Act “is available only to a consumer, that is, a ‘person who purchases or leases goods . . . for personal, family or household purposes'”
  11. 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. . . ."
  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 93,795 times   92 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
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,880 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 93A:2 - Unfair practices; legislative intent; rules and regulations

    Mass. Gen. Laws ch. 93A § 2   Cited 1,327 times   18 Legal Analyses
    Granting Massachusetts attorney general the authority to make rules and regulations interpreting section 2
  15. Section 501.201 - Short title

    Fla. Stat. § 501.201   Cited 1,007 times   9 Legal Analyses

    This part shall be known and may be cited as the "Florida Deceptive and Unfair Trade Practices Act." Fla. Stat. § 501.201 s. 1, ch. 73-124.

  16. Section 266:91 - Untrue and misleading advertisements; prohibitions

    Mass. Gen. Laws ch. 266 § 91   Cited 35 times   1 Legal Analyses
    Prohibiting "untrue, deceptive or misleading" statements of fact in "an advertisement of any sort regarding merchandise, securities, service or anything so offered to the public"