37 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,589 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,823 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
Imbler v. Pachtman
424 U.S. 409 (1976) Cited 10,907 times 5 Legal Analyses
Holding prosecutors absolutely immune from damages liability for having knowingly presented perjured witness testimony against criminal defendants, observing that the "veracity of witnesses in criminal cases frequently is subject to doubt before and after they testify . . . . If prosecutors were hampered in exercising their judgment as to the use of such witnesses by concern about resulting personal liability, [they often would refrain from calling such witnesses and hence] the triers of fact in criminal cases often would be denied relevant evidence"
García-Catalan v. United States
734 F.3d 100 (1st Cir. 2013) Cited 621 times
Holding that a complaint containing information equivalent to that required by Form 11 raised a plausible claim of negligence
A.G. v. Elsevier, Inc.
732 F.3d 77 (1st Cir. 2013) Cited 326 times 1 Legal Analyses
Holding that “[w]hen allegations, though disguised as factual, are so threadbare that they omit any meaningful factual content, we will treat them as what they are: naked conclusions” that cannot help a party pass the plausibility test
Doyle v. Hasbro, Inc.
103 F.3d 186 (1st Cir. 1996) Cited 441 times
Holding that "[c]onclusory statements that 'Hasbro and its executives failed to meet their contractual requirement,' are insufficient to satisfy the pleading requirements"
Grimmett v. Brown
75 F.3d 506 (9th Cir. 1996) Cited 367 times 1 Legal Analyses
Holding “error to equate” a situation where “the injury is speculative because it is not known whether it will occur at all” to a situation where “the injury has occurred and is known, but it is speculative whether the damages might be reduced or even eliminated by alternative recovery efforts”
Handeen v. Lemaire
112 F.3d 1339 (8th Cir. 1997) Cited 334 times
Holding that a plaintiff had adequately pleaded that a bankruptcy estate had an ascertainable structure because, absent the alleged unlawful activity, it "would still have continued as a vehicle" for legitimate purposes
Katz v. Gerardi
655 F.3d 1212 (10th Cir. 2011) Cited 207 times 2 Legal Analyses
Holding that abuse of discretion standard controls when a district court's dismissal due to claim-splitting is based predominantly on case management grounds
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"
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 357,946 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,144 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 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,889 times 331 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 37,036 times 148 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 16,179 times 61 Legal Analyses
Specifying prohibited activities
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 15,157 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include

Bogosian v. Rhode Island Airport Corporation et al

37 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that a complaint containing information equivalent to that required by Form 11 raised a plausible claim of negligence

Holding that “[w]hen allegations, though disguised as factual, are so threadbare that they omit any meaningful factual content, we will treat them as what they are: naked conclusions” that cannot help a party pass the plausibility test

Holding that "[c]onclusory statements that 'Hasbro and its executives failed to meet their contractual requirement,' are insufficient to satisfy the pleading requirements"

Holding that a plaintiff had adequately pleaded that a bankruptcy estate had an ascertainable structure because, absent the alleged unlawful activity, it "would still have continued as a vehicle" for legitimate purposes

Holding that abuse of discretion standard controls when a district court's dismissal due to claim-splitting is based predominantly on case management grounds

Holding that the particularity requirement applies not only to actual fraud claims but also to "associated claims where the core allegations effectively charge fraud"

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 that fraud be pleaded with particularity

Holding an "unrepresented party" to the same standard as an attorney

Specifying prohibited activities

Defining what the terms “person” and “enterprise” include