32 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 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
  3. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,465 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile
  4. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,529 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"
  5. Kamen v. Kemper Financial Services, Inc.

    500 U.S. 90 (1991)   Cited 1,234 times   5 Legal Analyses
    Holding parties' legal theories not binding on Court, which "retains the independent power to identify and apply the proper construction of governing law"
  6. Braden v. Wal-Mart Stores

    588 F.3d 585 (8th Cir. 2009)   Cited 1,957 times   6 Legal Analyses
    Holding fiduciary had duty to disclose "complete and accurate material information about the Plan funds and the process by which they were selected"
  7. Migdal v. Rowe Price-Fleming Intern., Inc.

    248 F.3d 321 (4th Cir. 2001)   Cited 717 times   3 Legal Analyses
    Holding that “Rule 12(b) requires more than the mere recitation of boilerplate statutory language”
  8. Burks v. Lasker

    441 U.S. 471 (1979)   Cited 386 times   3 Legal Analyses
    Holding that the "question whether a cause of action exists is not a question of jurisdiction, and therefore may be assumed without being decided"
  9. Daily Income Fund, Inc. v. Fox

    464 U.S. 523 (1984)   Cited 290 times   1 Legal Analyses
    Holding that there is no demand prerequisite for § 36(b) claims
  10. Krantz v. Prudential Investments Fund Mgmt

    305 F.3d 140 (3d Cir. 2002)   Cited 201 times   3 Legal Analyses
    Finding that a district court did not abuse its discretion in denying leave to amend for a second time where the plaintiff was on notice of the deficiencies in his complaint and failed to correct them in the first amended complaint
  11. 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. . . ."