124 Cited authorities

  1. 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
  2. Carnegie-Mellon Univ. v. Cohill

    484 U.S. 343 (1988)   Cited 12,103 times   1 Legal Analyses
    Holding district courts have discretion whether to dismiss state law claims after all the federal claims are dismissed and explaining the factors courts should consider when doing so
  3. Hishon v. King Spalding

    467 U.S. 69 (1984)   Cited 12,562 times   7 Legal Analyses
    Holding that the right of expression does not permit selecting law firm partners in violation of Title VII
  4. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,694 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity
  5. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,319 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"
  6. Foman v. Davis

    371 U.S. 178 (1962)   Cited 29,738 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
  7. Mine Workers v. Gibbs

    383 U.S. 715 (1966)   Cited 18,258 times   2 Legal Analyses
    Holding that supplemental jurisdiction is a "doctrine of discretion"
  8. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,220 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries
  9. Abbott Laboratories v. Gardner

    387 U.S. 136 (1967)   Cited 5,366 times   9 Legal Analyses
    Holding that plaintiffs subject to a regulation had standing to challenge it even though the Attorney General had yet to "authorize criminal and seizure actions for violations of the statute"
  10. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 8,037 times   4 Legal Analyses
    Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss
  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 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
  12. 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. . . ."
  13. 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
  14. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 37,377 times   150 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney
  15. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 29,284 times   192 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
  16. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 29,171 times   200 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
  17. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,763 times   327 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
  18. Section 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,902 times   55 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought
  19. Section 15 - Suits by persons injured

    15 U.S.C. § 15   Cited 5,756 times   35 Legal Analyses
    Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."
  20. Section 349 - Deceptive acts and practices unlawful

    N.Y. Gen. Bus. Law § 349   Cited 4,981 times   111 Legal Analyses
    Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"