22 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,691 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 279,746 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
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 17,347 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Steel Co. v. Citizens for Better Env't
523 U.S. 83 (1998) Cited 11,252 times 15 Legal Analyses
Holding that the federal courts lacked jurisdiction because "none of the relief sought by respondent would likely remedy its alleged injury in fact"
Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 17,465 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
Fowler v. UPMC Shadyside
578 F.3d 203 (3d Cir. 2009) Cited 14,529 times 4 Legal Analyses
Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"
Grayson v. Mayview State Hosp
293 F.3d 103 (3d Cir. 2002) Cited 8,938 times
Holding that a district court should not dismiss an IFP complaint without granting leave to amend unless "amendment would be inequitable or futile"
Alston v. Parker
363 F.3d 229 (3d Cir. 2004) Cited 3,339 times
Holding that “if a complaint is vulnerable to 12(b) dismissal, a District Court must permit a curative amendment, unless an amendment would be inequitable or futile”
Shane v. Fauver
213 F.3d 113 (3d Cir. 2000) Cited 3,199 times
Holding that unless amendment would be futile, a district court must give a plaintiff the opportunity to amend a complaint that fails to state a claim
Davis v. Abington Mem'l Hosp.
765 F.3d 236 (3d Cir. 2014) Cited 836 times 3 Legal Analyses
Holding "a plaintiff's claim that she ‘typically’ worked forty hours per week, worked extra hours during such a forty-hour week, and was not compensated for extra hours beyond forty hours he or she worked during one or more of those forty-hour weeks, would suffice" to state an FLSA claim
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 361,353 times 960 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 163,831 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 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 94,788 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
Section 5103 - Transfer of erroneously filed matters
42 Pa. C.S. § 5103 Cited 389 times
Instructing that, when a petition is filed in the wrong court, it is not to be stricken but transferred to the proper court

Byrd et al v. Consolidation Coal Company et al

22 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 with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding that the federal courts lacked jurisdiction because "none of the relief sought by respondent would likely remedy its alleged injury in fact"

Holding that a district court need not permit a curative amendment if such amendment would be futile

Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

Holding that a district court should not dismiss an IFP complaint without granting leave to amend unless "amendment would be inequitable or futile"

Holding that “if a complaint is vulnerable to 12(b) dismissal, a District Court must permit a curative amendment, unless an amendment would be inequitable or futile”

Holding that unless amendment would be futile, a district court must give a plaintiff the opportunity to amend a complaint that fails to state a claim

Holding "a plaintiff's claim that she ‘typically’ worked forty hours per week, worked extra hours during such a forty-hour week, and was not compensated for extra hours beyond forty hours he or she worked during one or more of those forty-hour weeks, would suffice" to state an FLSA claim

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. . . ."

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

Instructing that, when a petition is filed in the wrong court, it is not to be stricken but transferred to the proper court