Ashcroft v. Iqbal

Holding court need not credit "mere conclusory statements" in complaint

Bell Atl. Corp. v. Twombly

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

Walker v. Schult

Holding the following prison conditions plausibly alleged an Eighth Amendment claim: "for approximately twenty-eight months, he was confined in a cell with five other men, with inadequate space and ventilation, stifling heat in the summer and freezing cold in the winter, unsanitary conditions, including urine and feces splattered on the floor, insufficient cleaning supplies, a mattress too narrow for him to lie on flat, and noisy, crowded conditions that made sleep difficult and placed him at constant risk of violence and serious harm from cellmates"

AEP Energy Servs. Gas Holding Co. v. Bank of Am., N.A.

Holding that plaintiffs' expert report that contradicted plaintiff's prior representations was insufficient to defeat motion for summary judgment

Warner Cable v. Directv

Holding that a claim is puffery when it consists of "subjective claims about products, which cannot be proven either true or false"

Polaroid Corp. v. Polarad Electronics Corp.

Listing factors, including actual confusion, to be considered in assessing whether the Lanham Act’s "likelihood of confusion" test for infringement is met

Rescuecom Corp. v. Google Inc.

Holding that Google's use of the plaintiff's trademark as a keyword to trigger the display of the advertiser's copy on Google's search results page and as a suggestion to advertisers as a keyword they might purchase were sufficient to satisfy the “use in commerce” requirement

Camel Hair Mfrs. v. Saks

Holding that, although the plaintiff was entitled to a presumption of consumer deception, remand was required for further proceedings on causation

Coca-Cola Co. v. Tropicana Products, Inc.

Holding that statistical tests provided "sufficient evidence of a risk of irreparable harm because they demonstrate that a significant number of consumers would be likely to be misled"

Merck Co., Inc. v. Mediplan Health Consulting, Inc.

Holding that the internal use of a keyword to trigger advertisements did not qualify as trademark use

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

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

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 6972 - Citizen suits

Abrogating the 60-day delay requirement when there is a danger that hazardous waste will be discharged

Section 350 - False advertising unlawful

Prohibiting false advertising

Section 350-A - False advertising