21 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,813 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 280,791 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
In re Burlington Coat Factory
114 F.3d 1410 (3d Cir. 1997) Cited 8,075 times 4 Legal Analyses
Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss
Long v. Wilson
393 F.3d 390 (3d Cir. 2004) Cited 837 times
Holding that the Commonwealth did not waive the statute of limitations defense by failing to raise it in its answer to a habeas petition and allowing the Commonwealth to raise the defense in a supplemental pleading 14 months after the petition was filed where delay did not cause prejudice
Harrison Beverage Co. v. Dribeck Importers, Inc.
133 F.R.D. 463 (D.N.J. 1990) Cited 629 times
Concluding that defendant's explanation for delay in bringing motion to amend three months after discovery closed was unsatisfactory because the delay was insufficiently and inconsistently explained
Brunswick Hills Raquet Club, Inc. v. Route 18 Shop. Center Associates, LP
182 N.J. 210 (N.J. 2005) Cited 395 times
Holding that landlord who engaged in "a series of evasions and delays" to "unjustly enrich[] itself with a windfall increase in rent at plaintiff's expense" breached the implied covenant under New Jersey law
Massarsky v. General Motors Corp.
706 F.2d 111 (3d Cir. 1983) Cited 526 times
Holding that court may refuse to allow amendment that fails to state cause of action
Hardy v. Abdul-Matin
198 N.J. 95 (N.J. 2009) Cited 186 times
Recognizing courts should not infer a meaning other than what is plainly written in the statute when the words of the statute are clear
Van Orman v. American Ins. Co.
680 F.2d 301 (3d Cir. 1982) Cited 204 times
Holding that "recovery under unjust enrichment may not be had when a valid, unrescinded contract governs the rights of the parties"
Bailey v. Sullivan
885 F.2d 52 (3d Cir. 1989) Cited 115 times
Holding social security administration publication that "contains merely examples of the application of the [at-issue] regulations" was interpretive rule
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 362,607 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 164,455 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 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 95,100 times 92 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

Evonik Corporation v. Hercules Group, Inc.

21 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 court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

Holding that the Commonwealth did not waive the statute of limitations defense by failing to raise it in its answer to a habeas petition and allowing the Commonwealth to raise the defense in a supplemental pleading 14 months after the petition was filed where delay did not cause prejudice

Concluding that defendant's explanation for delay in bringing motion to amend three months after discovery closed was unsatisfactory because the delay was insufficiently and inconsistently explained

Holding that landlord who engaged in "a series of evasions and delays" to "unjustly enrich[] itself with a windfall increase in rent at plaintiff's expense" breached the implied covenant under New Jersey law

Holding that court may refuse to allow amendment that fails to state cause of action

Recognizing courts should not infer a meaning other than what is plainly written in the statute when the words of the statute are clear

Holding that "recovery under unjust enrichment may not be had when a valid, unrescinded contract governs the rights of the parties"

Holding social security administration publication that "contains merely examples of the application of the [at-issue] regulations" was interpretive rule

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