28 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,813 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 280,791 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
Dura Pharmaceuticals v. Broudo
544 U.S. 336 (2005) Cited 3,635 times 67 Legal Analyses
Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”
Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 17,511 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
Burtch v. Milberg Factors, Inc.
662 F.3d 212 (3d Cir. 2011) Cited 2,325 times
Holding that direct evidence of a conspiracy was lacking where the complaint's allegations did not "specify a time or place that any actual agreement to fix credit terms occurred, [or] ...indicate that any particular individuals or [organizations] made such an agreement"
Lormand v. US Unwired, Inc.
565 F.3d 228 (5th Cir. 2009) Cited 2,229 times 5 Legal Analyses
Holding that warnings "d[id] not qualify as meaningful cautionary language" because they "did not disclose that defendants knew from past experience that the [risks] posed an imminent threat of business and financial ruin and that some damage from these risks had already materialized"
16630 Southfield Ltd. v. Flagstar Bank
727 F.3d 502 (6th Cir. 2013) Cited 1,005 times 1 Legal Analyses
Finding a series of “upon information and belief” claims insufficient, because the plaintiffs “have merely alleged their ‘belief’ ”
Wilson v. Amerada Hess Corp.
168 N.J. 236 (N.J. 2001) Cited 473 times
Holding that evidence that the defendant "set prices intending to destroy plaintiffs economically," in furtherance of a change in business strategy, would establish a breach of the duty of good faith
Brunswick Hills Raquet Club, Inc. v. Route 18 Shop. Center Associates, LP
182 N.J. 210 (N.J. 2005) Cited 395 times
Holding that landlord who engaged in "a series of evasions and delays" to "unjustly enrich[] itself with a windfall increase in rent at plaintiff's expense" breached the implied covenant under New Jersey law
Ranke v. Sanofi-Synthelabo Inc.
436 F.3d 197 (3d Cir. 2006) Cited 120 times 1 Legal Analyses
Holding that failure to submit a draft amended complaint is fatal to a request for leave to amend
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,455 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Campbell v. Heartland Payment Systems, Inc.

28 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 the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

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

Holding that direct evidence of a conspiracy was lacking where the complaint's allegations did not "specify a time or place that any actual agreement to fix credit terms occurred, [or] ...indicate that any particular individuals or [organizations] made such an agreement"

Holding that warnings "d[id] not qualify as meaningful cautionary language" because they "did not disclose that defendants knew from past experience that the [risks] posed an imminent threat of business and financial ruin and that some damage from these risks had already materialized"

Finding a series of “upon information and belief” claims insufficient, because the plaintiffs “have merely alleged their ‘belief’ ”

Holding that evidence that the defendant "set prices intending to destroy plaintiffs economically," in furtherance of a change in business strategy, would establish a breach of the duty of good faith

Holding that landlord who engaged in "a series of evasions and delays" to "unjustly enrich[] itself with a windfall increase in rent at plaintiff's expense" breached the implied covenant under New Jersey law

Holding that failure to submit a draft amended complaint is fatal to a request for leave to amend

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."