47 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,388 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  4. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,459 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  5. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,199 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  6. Adickes v. Kress Co.

    398 U.S. 144 (1970)   Cited 25,054 times   1 Legal Analyses
    Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983
  7. Ernst Ernst v. Hochfelder

    425 U.S. 185 (1976)   Cited 3,485 times   39 Legal Analyses
    Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”
  8. Klaxon Co. v. Stentor Co.

    313 U.S. 487 (1941)   Cited 10,485 times   6 Legal Analyses
    Holding that Erie doctrine applies to conflict-of-law rules
  9. Bass v. E.I. Dupont de Nemours & Co.

    324 F.3d 761 (4th Cir. 2003)   Cited 2,292 times   1 Legal Analyses
    Holding that conclusory allegations that the employer discriminated against the plaintiff "because of her race and sex" were not sufficient to allege a claim when the facts of the complaint did not support the conclusory allegation
  10. Santa Fe Industries, Inc. v. Green

    430 U.S. 462 (1977)   Cited 1,065 times   6 Legal Analyses
    Holding that the Securities Exchange Act is limited in scope to its textual provisions and does not conflict with state law regarding corporate misconduct, particularly corporate mismanagement
  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 346,412 times   923 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,986 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,480 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,956 times   317 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  15. Section 77q - Fraudulent interstate transactions

    15 U.S.C. § 77q   Cited 3,304 times   38 Legal Analyses
    Prohibiting the use of "any device, scheme, or artifice to defraud" in connection with the offer or sale of any security
  16. Section 75-1.1 - Methods of competition, acts and practices regulated; legislative policy

    N.C. Gen. Stat. § 75-1.1   Cited 1,988 times   111 Legal Analyses
    Declaring unlawful "unfair or deceptive acts or practices in or affecting commerce"
  17. Section 17 - Antitrust laws not applicable to labor organizations

    15 U.S.C. § 17   Cited 777 times   2 Legal Analyses

    The labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be

  18. Section 78A-8 - Sales and purchases

    N.C. Gen. Stat. § 78A-8   Cited 21 times
    Imposing liability on "any person, in connection with the offer, sale or purchase of any security, directly or indirectly," who made a material misrepresentation or omission "in light of the circumstances" and upon which a plaintiff relied