45 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,684 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 280,676 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
Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 17,503 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
Fowler v. UPMC Shadyside
578 F.3d 203 (3d Cir. 2009) Cited 14,558 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"
Santiago v. Warminster Township
629 F.3d 121 (3d Cir. 2010) Cited 4,416 times 1 Legal Analyses
Holding that the Court should disregard "'naked assertions devoid of further factual enhancement' and 'threadbare recitals of the elements of a cause of action, supported by mere conclusory statements.'" (quoting Iqbal, 556 U.S. at 678)
Pension Benefit Guaranty Corp. v. White Consolidated Industries, Inc.
998 F.2d 1192 (3d Cir. 1993) Cited 6,395 times
Holding that, when reviewing a motion to dismiss, courts consider "allegations contained in the complaint, exhibits attached to the complaint and matters of public record"
Mayer v. Belichick
605 F.3d 223 (3d Cir. 2010) Cited 2,543 times 1 Legal Analyses
Holding we must only consider documents if complainant's claims are based upon these documents
Heckler v. Community Health Services
467 U.S. 51 (1984) Cited 1,291 times 3 Legal Analyses
Holding that a Medicare provider was responsible for familiarizing itself with the legal requirements of cost reimbursement and obtaining an agency interpretation of the applicable regulations
Frederico v. Home Depot
507 F.3d 188 (3d Cir. 2007) Cited 2,316 times 8 Legal Analyses
Holding a dismissal order "without prejudice" was a final order because the plaintiff elected to stand on her original complaint rather than amend or refile it
Lum v. Bank of Am.
361 F.3d 217 (3d Cir. 2004) Cited 2,148 times 1 Legal Analyses
Holding that "mak[ing] general claims that defendants misrepresented that the prime rate is the lowest rate charged to their most creditworthy customers" does not satisfy the Rule 9(b) standard because "they do not indicate the date, time, or place of the alleged misrepresentations, the financial transactions in connection with which these misrepresentations were made, or who made the misrepresentation to whom"
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 362,493 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 164,394 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,200 times 336 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 4001 - Congressional findings and declaration of purpose
42 U.S.C. § 4001 Cited 730 times 2 Legal Analyses
Providing "It is therefore the further purpose of this chapter to make available . . . protection against damage and loss resulting from mudslides that are caused by accumulations of water on or under the ground."
Section 4071 - Federal operation of program; determination by Administrator; fiscal agents; report to Congress
42 U.S.C. § 4071 Cited 256 times
Authorizing FEMA director to utilize insurance companies as fiscal agents of the United States
Section 7 - Designation of boards of trade as contract markets
7 U.S.C. § 7 Cited 210 times 10 Legal Analyses
Requiring contract markets to adopt anti-fraud rules
Section 4013 - Nature and limitation of insurance coverage
42 U.S.C. § 4013 Cited 86 times
Providing commercial coverage
Section 307 - Director of the Government Publishing Office: night work
44 U.S.C. § 307 Cited 81 times
The Director of the Government Publishing Office shall cause the public printing in the Government Publishing Office to be done at night as well as through the day, when the exigencies of the public service require it. 44 U.S.C. § 307 Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1240; Pub. L. 113-235, div. H, title I, §1301(b), (c), Dec. 16, 2014, 128 Stat. 2537. HISTORICAL AND REVISION NOTESBased on 44 U.S. Code, 1964 ed., §42 (Jan. 12, 1895, ch. 23, §47, 28 Stat. 607). EDITORIAL NOTES AMENDMENTS2014-
Section 1516 - Funding
7 U.S.C. § 1516 Cited 10 times
(a) Authorization of appropriations (1) Discretionary expenses There are authorized to be appropriated for fiscal year 1999 and each subsequent fiscal year such sums as are necessary to cover the salaries and expenses of the Corporation. (2) Mandatory expenses There are authorized to be appropriated such sums as are necessary to cover for each of the 1999 and subsequent reinsurance years the following: (A) The administrative and operating expenses of the Corporation for the sales commissions of agents
Section 62.23 - [Effective 12/31/2024] WYO Companies authorized
44 C.F.R. § 62.23 Cited 73 times
Characterizing the relationship between the federal government and WYO companies as "one of a fiduciary nature" and intended to "assure that any taxpayer funds are accounted for and appropriately expended"
Section 61.13 - Standard Flood Insurance Policy
44 C.F.R. § 61.13 Cited 68 times
Stating that no provision of the SFI Policy shall be altered, varied, or waived other than by the express written consent of the Federal Insurance Administrator

Donnelly v. New Jersey Re-Insurance Company et al

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

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"

Holding that the Court should disregard "'naked assertions devoid of further factual enhancement' and 'threadbare recitals of the elements of a cause of action, supported by mere conclusory statements.'" (quoting Iqbal, 556 U.S. at 678)

Holding that, when reviewing a motion to dismiss, courts consider "allegations contained in the complaint, exhibits attached to the complaint and matters of public record"

Holding we must only consider documents if complainant's claims are based upon these documents

Holding that a Medicare provider was responsible for familiarizing itself with the legal requirements of cost reimbursement and obtaining an agency interpretation of the applicable regulations

Holding a dismissal order "without prejudice" was a final order because the plaintiff elected to stand on her original complaint rather than amend or refile it

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. . . ."

Requiring that fraud be pleaded with particularity

Providing "It is therefore the further purpose of this chapter to make available . . . protection against damage and loss resulting from mudslides that are caused by accumulations of water on or under the ground."

Authorizing FEMA director to utilize insurance companies as fiscal agents of the United States

Requiring contract markets to adopt anti-fraud rules

Providing commercial coverage

Characterizing the relationship between the federal government and WYO companies as "one of a fiduciary nature" and intended to "assure that any taxpayer funds are accounted for and appropriately expended"

Stating that no provision of the SFI Policy shall be altered, varied, or waived other than by the express written consent of the Federal Insurance Administrator