41 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,932 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' "
Erickson v. Pardus
551 U.S. 89 (2007) Cited 61,726 times 3 Legal Analyses
Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
Exergen Corporation v. Wal-Mart Stores, Inc.
575 F.3d 1312 (Fed. Cir. 2009) Cited 675 times 16 Legal Analyses
Holding that allegation that "Exergen, its agents and/or attorneys . . . knew of the material information and deliberately withheld or misrepresented it" without naming "the specific individual associated with the filing or prosecution of the application" was not sufficiently particular to satisfy the "who" element of an inequitable conduct claim
Windy City v. CIT Tech. Fin. Servs.
536 F.3d 663 (7th Cir. 2008) Cited 651 times
Holding that "unfair" practices claims are not subject to Rule 9(b) pleading because "neither fraud nor mistake is an element of unfair conduct under" the ICFA
Houskins v. Sheahan
549 F.3d 480 (7th Cir. 2008) Cited 399 times
Holding that a social worker's police report stating that a correctional officer had hit her did not address a matter of public concern because the report was “nothing more than personal grievance against [the officer] in order to have him arrested for striking her”
Assn. Ben. v. Caremark
493 F.3d 841 (7th Cir. 2007) Cited 248 times
Finding relevant for purposes of determining whether a contract existed as a matter of law the fact that a party adopted inconsistent positions
Baer v. First Options of Chicago, Inc.
72 F.3d 1294 (7th Cir. 1995) Cited 267 times
Holding fee-sharing agreement within ancillary jurisdiction of court and interpreting its terms
Alpha School Bus Co. v. Wagner
391 Ill. App. 3d 722 (Ill. App. Ct. 2009) Cited 177 times
Finding Trade Secrets Act does not preempt breach of fiduciary duty claims
Composite Marine Propellers, Inc. v. Van Der Woude
962 F.2d 1263 (7th Cir. 1992) Cited 203 times
Holding that a general jury verdict in a trade-secrets case must be affirmed when the evidence supports misappropriation of at least one secret
Perseptive Biosystems v. Pharmacia Biotech
225 F.3d 1315 (Fed. Cir. 2000) Cited 116 times 1 Legal Analyses
Holding patents unenforceable when a group of named inventors misrepresented their relationship with a laboratory to conceal that other people may have participated in inventing the technology
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 346,241 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,377 times 194 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,629 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 1367 - Supplemental jurisdiction
28 U.S.C. § 1367 Cited 61,843 times 78 Legal Analyses
Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,945 times 317 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 1338 - Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition
28 U.S.C. § 1338 Cited 5,399 times 71 Legal Analyses
Granting exclusive jurisdiction to the district courts "of any civil action arising under any Act of Congress relating to patents, . . . copyrights and trademarks"
Section 765 ILCS 1065/8
765 ILCS 1065/8 Cited 128 times 1 Legal Analyses
Stating that the "Act is intended to displace conflicting tort, restitutionary, unfair competition, and other laws of this State providing civil remedies for misappropriation of a trade secret"

Edge Capture L.L.C. et al v. Barclays Bank PLC et al

41 Cited authorities

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 a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Holding that "unfair" practices claims are not subject to Rule 9(b) pleading because "neither fraud nor mistake is an element of unfair conduct under" the ICFA

Holding that a social worker's police report stating that a correctional officer had hit her did not address a matter of public concern because the report was “nothing more than personal grievance against [the officer] in order to have him arrested for striking her”

Finding relevant for purposes of determining whether a contract existed as a matter of law the fact that a party adopted inconsistent positions

Holding fee-sharing agreement within ancillary jurisdiction of court and interpreting its terms

Finding Trade Secrets Act does not preempt breach of fiduciary duty claims

Holding that a general jury verdict in a trade-secrets case must be affirmed when the evidence supports misappropriation of at least one secret

Holding patents unenforceable when a group of named inventors misrepresented their relationship with a laboratory to conceal that other people may have participated in inventing the technology

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. . . ."

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Granting exclusive jurisdiction to the district courts "of any civil action arising under any Act of Congress relating to patents, . . . copyrights and trademarks"

Stating that the "Act is intended to displace conflicting tort, restitutionary, unfair competition, and other laws of this State providing civil remedies for misappropriation of a trade secret"