22 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 264,376 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 277,581 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. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 17,264 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"
  4. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 11,159 times   15 Legal Analyses
    Holding this court may raise the issue of "statutory jurisdiction" sua sponte
  5. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,373 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile
  6. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,463 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"
  7. Grayson v. Mayview State Hosp

    293 F.3d 103 (3d Cir. 2002)   Cited 8,891 times
    Holding that a district court should not dismiss an IFP complaint without granting leave to amend unless "amendment would be inequitable or futile"
  8. Alston v. Parker

    363 F.3d 229 (3d Cir. 2004)   Cited 3,330 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”
  9. Shane v. Fauver

    213 F.3d 113 (3d Cir. 2000)   Cited 3,188 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
  10. Davis v. Abington Mem'l Hosp.

    765 F.3d 236 (3d Cir. 2014)   Cited 829 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
  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 358,800 times   954 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 162,588 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 94,055 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
  14. Section 5103 - Transfer of erroneously filed matters

    42 Pa. C.S. § 5103   Cited 385 times
    Instructing that, when a petition is filed in the wrong court, it is not to be stricken but transferred to the proper court