29 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,377 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 266,313 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' "
Acumed LLC v. Advanced Surgical Services, Inc.
561 F.3d 199 (3d Cir. 2009) Cited 444 times
Holding that "the absence of privilege or justification on the part of the defendant" is a requisite element of the tort of tortious interference with business relationships
General Refractories v. Fireman's Fund Ins. Co.
337 F.3d 297 (3d Cir. 2003) Cited 321 times
Holding that a civil conspiracy claim requires a valid underlying tort claim
Boring v. Google Inc.
362 F. App'x 273 (3d Cir. 2010) Cited 95 times 1 Legal Analyses
Holding that plaintiff did not state an unjust enrichment claim upon which relief could be granted where benefit was allegedly taken from plaintiff without permission
City of Philadelphia v. Beretta U.S.A. Corp.
277 F.3d 415 (3d Cir. 2002) Cited 104 times 3 Legal Analyses
Holding that the City had no standing to bring claims against gun manufacturers for costs allegedly associated with the criminal use of handguns because, among other reasons, the claims were "entirely derivative of those of others who would be more appropriate plaintiffs"
Hart v. O'Malley
436 Pa. Super. 151 (Pa. Super. Ct. 1994) Cited 108 times
Referring to "collateral purpose" as "use primarily for a purpose for which the process was not designed"
USX Corp. v. Adriatic Insurance
99 F. Supp. 2d 593 (W.D. Pa. 2000) Cited 66 times
Finding that, when viewed in context with the other enumerated offenses in the definition of "personal injury," the meaning of "discrimination" is limited to differential treatment of a person based upon immutable characteristics such as race, sex, age, religion, or national origin
Granite State Ins. Co. v. Aamco Transmissions
57 F.3d 316 (3d Cir. 1995) Cited 63 times
Stating that Lanham Act is derived from common law tort of unfair competition and its language parallels the protections afforded by state common law
Orthovita, Inc. v. Erbe
CIVIL ACTION NO. 07-2395 (E.D. Pa. Feb. 14, 2008) Cited 36 times
Holding that claims for breach of fiduciary duty and duty of loyalty were not barred because complaint alleges "generalized harm" from "acts and omissions" that go beyond contractual claims and former employee's "fiduciary duties extend beyond the limits of an employment contract due to the parties' relative positions"
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 345,529 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

Bobrick Washroom Equipment, Inc. V Scranton Products, Inc.

29 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 "the absence of privilege or justification on the part of the defendant" is a requisite element of the tort of tortious interference with business relationships

Holding that a civil conspiracy claim requires a valid underlying tort claim

Holding that plaintiff did not state an unjust enrichment claim upon which relief could be granted where benefit was allegedly taken from plaintiff without permission

Holding that the City had no standing to bring claims against gun manufacturers for costs allegedly associated with the criminal use of handguns because, among other reasons, the claims were "entirely derivative of those of others who would be more appropriate plaintiffs"

Referring to "collateral purpose" as "use primarily for a purpose for which the process was not designed"

Finding that, when viewed in context with the other enumerated offenses in the definition of "personal injury," the meaning of "discrimination" is limited to differential treatment of a person based upon immutable characteristics such as race, sex, age, religion, or national origin

Stating that Lanham Act is derived from common law tort of unfair competition and its language parallels the protections afforded by state common law

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