27 Cited authorities

Christopher v. Harbury
536 U.S. 403 (2002) Cited 5,254 times
Holding that the complaint failed to state an actionable claim, and noting: "The petitioners did not challenge below the existence of a cause of action under Bivens ..., and we express no opinion on the matter in deciding this case."
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,340 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Morse v. Lower Merion School District
132 F.3d 902 (3d Cir. 1997) Cited 6,361 times 2 Legal Analyses
Holding that because "the notion of deliberate indifference contemplates a danger that must at least be foreseeable," defendant cannot be said to have ignored a foreseeable risk or danger if plaintiff has not shown the existence of such a risk
Jordan v. Fox, Rothschild, O'Brien Frankel
20 F.3d 1250 (3d Cir. 1994) Cited 2,160 times
Holding that an attorney may be a state actor if the attorney employs the state to enforce or execute a state-provided procedure
Malpiede v. Townson
780 A.2d 1075 (Del. 2001) Cited 706 times 5 Legal Analyses
Holding that although consideration of the corporate charter's indemnification provisions would normally convert a motion to dismiss into a motion for summary judgment, the lower court's failure to do so was not reversible error.
Stone v. Ritter
911 A.2d 362 (Del. 2006) Cited 544 times 51 Legal Analyses
Holding that to plead that directors faced a substantial likelihood of liability for failure to act, plaintiffs must allege with particularity facts "suggesting a conscious decision to take no action in response to red flags" of wrongdoing within the company
IN RE CAREMARK INTERN. INC. DERIV. LIT
698 A.2d 959 (Del. Ch. 1996) Cited 525 times 147 Legal Analyses
Holding that a board of directors violates the duty of good faith by a “sustained or systematic failure ... to exercise reasonable oversight”
Holder v. City of Allentown
987 F.2d 188 (3d Cir. 1993) Cited 453 times
Holding city could not terminate city employee for criticizing public employment residency requirement in local newspaper
In re Walt Disney Co. Derivative Litigation
907 A.2d 693 (Del. Ch. 2005) Cited 262 times 8 Legal Analyses
Holding no waiver of privilege; "[the chief executive officer] weighed the alternatives, received advice from counsel and then exercised his business judgment in the manner he thought best for the corporation"
Sturm v. Clark
835 F.2d 1009 (3d Cir. 1987) Cited 400 times
Holding that a lawyer's financial harm resulting from loss of clients caused by a prison's "depiction of her as disruptive and unprofessional" was "insufficient to transform a reputation interest into a liberty interest"
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 361,853 times 961 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,069 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 23.1 - Derivative Actions
Fed. R. Civ. P. 23.1 Cited 1,986 times 29 Legal Analyses
Requiring only that the plaintiff allege demand futility "with particularity"
Section 102 - Contents of certificate of incorporation
Del. Code tit. 8 § 102 Cited 600 times 57 Legal Analyses
Authorizing such waivers

BLAIR v. BLATT et al

27 Cited authorities

Holding that the complaint failed to state an actionable claim, and noting: "The petitioners did not challenge below the existence of a cause of action under Bivens ..., and we express no opinion on the matter in deciding this case."

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that because "the notion of deliberate indifference contemplates a danger that must at least be foreseeable," defendant cannot be said to have ignored a foreseeable risk or danger if plaintiff has not shown the existence of such a risk

Holding that an attorney may be a state actor if the attorney employs the state to enforce or execute a state-provided procedure

Holding that although consideration of the corporate charter's indemnification provisions would normally convert a motion to dismiss into a motion for summary judgment, the lower court's failure to do so was not reversible error.

Holding that to plead that directors faced a substantial likelihood of liability for failure to act, plaintiffs must allege with particularity facts "suggesting a conscious decision to take no action in response to red flags" of wrongdoing within the company

Holding that a board of directors violates the duty of good faith by a “sustained or systematic failure ... to exercise reasonable oversight”

Holding city could not terminate city employee for criticizing public employment residency requirement in local newspaper

Holding no waiver of privilege; "[the chief executive officer] weighed the alternatives, received advice from counsel and then exercised his business judgment in the manner he thought best for the corporation"

Holding that a lawyer's financial harm resulting from loss of clients caused by a prison's "depiction of her as disruptive and unprofessional" was "insufficient to transform a reputation interest into a liberty interest"

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring only that the plaintiff allege demand futility "with particularity"

Authorizing such waivers