28 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,785 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,756 times 364 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' "
Papasan v. Allain
478 U.S. 265 (1986) Cited 16,640 times 6 Legal Analyses
Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
Stewart Org., Inc. v. Ricoh Corp.
487 U.S. 22 (1988) Cited 4,856 times 12 Legal Analyses
Holding that federal law determines the validity of a forum selection clause
Ocasio-Hernández v. Fortuño-Burset
640 F.3d 1 (1st Cir. 2011) Cited 2,132 times 1 Legal Analyses
Holding that “an adequate complaint must provide fair notice to the defendants and state a facially plausible legal claim” (citing Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929
Maldonado v. Fontanes
568 F.3d 263 (1st Cir. 2009) Cited 859 times
Holding that a consensus of three circuits was sufficient to establish that the killing of a pet was a seizure within the meaning of the Fourth Amendment
Aulson v. Blanchard
83 F.3d 1 (1st Cir. 1996) Cited 946 times
Holding that a § 1985 class "[must be] comprised of a distinctive and identifiable group" and therefore rejecting a class defined as "persons who support other persons opposed to the politics of the old guard"
Astro-Med v. Nihon Kohden Am.
591 F.3d 1 (1st Cir. 2009) Cited 359 times 2 Legal Analyses
Holding that lawsuit was related to forum state when a breach of contract occurred in the forum state notwithstanding facts that defendant's conduct causing the breach occurred outside of the forum state
First of Michigan Corp. v. Bramlet
141 F.3d 260 (6th Cir. 1998) Cited 283 times
Holding that district court in Michigan had venue to hear petition seeking to enjoin pending arbitration in Florida under the general venue provision of 28 U.S.C. § 1391
Herbert Limited Partnership v. Electronic Arts Inc.
325 F. Supp. 2d 282 (S.D.N.Y. 2004) Cited 154 times
Holding that plaintiff's forum will receive relatively little weight because even though plaintiff alleges that it "conducts all of its business operations" in its chosen forum, it is not plaintiff's home district and the majority of operative facts took place elsewhere
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 344,855 times 920 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 155,692 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 35,665 times 139 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 28,301 times 183 Legal Analyses
Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 27,708 times 197 Legal Analyses
Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
Section 1692e - False or misleading representations
15 U.S.C. § 1692e Cited 6,917 times 107 Legal Analyses
Prohibiting false representation of the "character, amount, or legal status of a debt"
Section 227 - Restrictions on use of telephone equipment
47 U.S.C. § 227 Cited 5,646 times 733 Legal Analyses
Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

Deburgo v. GC Services, LP et al

28 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

Holding that federal law determines the validity of a forum selection clause

Holding that “an adequate complaint must provide fair notice to the defendants and state a facially plausible legal claim” (citing Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929

Holding that a consensus of three circuits was sufficient to establish that the killing of a pet was a seizure within the meaning of the Fourth Amendment

Holding that a § 1985 class "[must be] comprised of a distinctive and identifiable group" and therefore rejecting a class defined as "persons who support other persons opposed to the politics of the old guard"

Holding that lawsuit was related to forum state when a breach of contract occurred in the forum state notwithstanding facts that defendant's conduct causing the breach occurred outside of the forum state

Holding that district court in Michigan had venue to hear petition seeking to enjoin pending arbitration in Florida under the general venue provision of 28 U.S.C. § 1391

Holding that plaintiff's forum will receive relatively little weight because even though plaintiff alleges that it "conducts all of its business operations" in its chosen forum, it is not plaintiff's home district and the majority of operative facts took place elsewhere

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. . . ."

Holding an "unrepresented party" to the same standard as an attorney

Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

Prohibiting false representation of the "character, amount, or legal status of a debt"

Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals