44 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. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,768 times   33 Legal Analyses
    Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23
  4. Phillips Petroleum Co. v. Shutts

    472 U.S. 797 (1985)   Cited 1,814 times   19 Legal Analyses
    Holding that “the Due Process Clause of course requires that the named plaintiff at all times adequately represent the interests of the absent class members”
  5. Healy v. the Beer Institute

    491 U.S. 324 (1989)   Cited 490 times   10 Legal Analyses
    Holding that a state statute violated the Commerce Clause because it had the practical effect of establishing scale of prices for use in other states
  6. 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
  7. Greebel v. FTP Software, Inc.

    194 F.3d 185 (1st Cir. 1999)   Cited 524 times   2 Legal Analyses
    Holding plaintiffs' failure to provide information regarding sales made by insiders at times outside the class period permitted no possibility of comparison
  8. North American Catholic Educ. v. Cardinale

    567 F.3d 8 (1st Cir. 2009)   Cited 203 times
    Holding that the particularity requirement applies not only to actual fraud claims but also to "associated claims where the core allegations effectively charge fraud"
  9. United States v. AVX Corp.

    962 F.2d 108 (1st Cir. 1992)   Cited 320 times
    Holding that intervenor who opposed consent decree could not appeal the district court's order approving the decree without satisfying Article III standing requirements
  10. In re Lifeusa Holding Inc.

    242 F.3d 136 (3d Cir. 2001)   Cited 185 times   1 Legal Analyses
    Holding that individual questions predominated over common issues in a putative class action based on multiple independent unscripted interactions
  11. 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 357,835 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. 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. . . ."
  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. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,874 times   1249 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  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 93A:9 - Civil actions and remedies; class action; demand for relief; damages; costs; exhausting administrative remedies

    Mass. Gen. Laws ch. 93A § 9   Cited 912 times   10 Legal Analyses
    Requiring on its face that the "written demand" must "reasonably describ[e] the unfair or deceptive act or practice relied upon and the injury suffered"
  17. Section 501.211 - Other individual remedies

    Fla. Stat. § 501.211   Cited 360 times   6 Legal Analyses
    Providing only for actual damages
  18. 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"