125 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,389 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 280,399 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
Erickson v. Pardus
551 U.S. 89 (2007) Cited 65,403 times 3 Legal Analyses
Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 17,363 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"
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 29,297 times 144 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Amchem Prods., Inc. v. Windsor
521 U.S. 591 (1997) Cited 7,166 times 69 Legal Analyses
Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,355 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"
Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 17,493 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
Wyeth v. Levine
555 U.S. 555 (2009) Cited 1,478 times 101 Legal Analyses
Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims
Buckman Co. v. Plaintiffs' Legal Committee
531 U.S. 341 (2001) Cited 1,217 times 84 Legal Analyses
Holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA
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 362,165 times 962 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 164,229 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 349 - Deceptive acts and practices unlawful
N.Y. Gen. Bus. Law § 349 Cited 4,996 times 112 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"
Section 56:8-1 - Applicability of C.56:8-1 et seq
N.J. Stat. § 56:8-1 Cited 2,145 times 56 Legal Analyses
Defining "merchandise" under the PLA as "any objects, wares, goods, commodities, services or anything offered, directly or indirectly to the public for sale"
Section 2314 - Implied warranty; merchantability; usage of trade
13 Pa. C.S. § 2314 Cited 142 times
Providing Pennsylvania's statutory requirements for merchantability standards of goods
Section 2313 - Express warranties by affirmation, promise, description or sample
13 Pa. C.S. § 2313 Cited 99 times
Detailing the means by which express warranties may be created

Chatom Primary Care, P.C. v. Merck & Co., Inc.

125 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 must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

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 elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval

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"

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

Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims

Holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA

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. . . ."

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"

Defining "merchandise" under the PLA as "any objects, wares, goods, commodities, services or anything offered, directly or indirectly to the public for sale"

Providing Pennsylvania's statutory requirements for merchantability standards of goods

Detailing the means by which express warranties may be created