79 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,697 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' "
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 16,766 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,508 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Morrison v. National Australia Bank Ltd.
561 U.S. 247 (2010) Cited 1,458 times 177 Legal Analyses
Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction
Sedima, S.P.R.L. v. Imrex Co.
473 U.S. 479 (1985) Cited 4,226 times 7 Legal Analyses
Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."
Boyle v. United States
556 U.S. 938 (2009) Cited 1,135 times 9 Legal Analyses
Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."
Salinas v. United States
522 U.S. 52 (1997) Cited 1,207 times 11 Legal Analyses
Holding that the canon of construction requiring a clear statement to alter the federal-state balance of criminal jurisdiction "does not warrant a departure from terms" where the statute's "text . . . is unambiguous on the point under consideration"
Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.
545 U.S. 913 (2005) Cited 786 times 31 Legal Analyses
Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”
Richardson v. United States
526 U.S. 813 (1999) Cited 959 times 6 Legal Analyses
Holding that a jury need not "decide unanimously which of several possible sets of underlying brute facts make up a particular element[; that is,] which of several possible means the defendant used to commit an element of crime"
Cheek v. United States
498 U.S. 192 (1991) Cited 1,075 times 15 Legal Analyses
Holding that a defendant in a criminal tax case can assert a defense of ignorance or misunderstanding of the tax law, leading to "a good-faith belief that he was not violating any of the provisions of the tax laws"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,250 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 2 - Principals
18 U.S.C. § 2 Cited 23,777 times 57 Legal Analyses
Holding aiders and abettors punishable as principals under federal criminal law
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 15,878 times 60 Legal Analyses
Specifying prohibited activities
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 14,952 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Rule 14 - Third-Party Practice
Fed. R. Civ. P. 14 Cited 3,630 times 10 Legal Analyses
Striking improper third-party claim is appropriate remedy
Section 1955 - Prohibition of illegal gambling businesses
18 U.S.C. § 1955 Cited 1,103 times 9 Legal Analyses
Conducting an illegal gambling business
Section 543 - Regulation of rates
47 U.S.C. § 543 Cited 124 times 1 Legal Analyses
Defining "effective competition"
Section 225.05 - Promoting gambling in the second degree
N.Y. Penal Law § 225.05 Cited 80 times
Promoting gambling in the second degree
Section 5361 - Congressional findings and purpose
31 U.S.C. § 5361 Cited 33 times 4 Legal Analyses
(a) FINDINGS.-Congress finds the following: (1) Internet gambling is primarily funded through personal use of payment system instruments, credit cards, and wire transfers. (2) The National Gambling Impact Study Commission in 1999 recommended the passage of legislation to prohibit wire transfers to Internet gambling sites or the banks which represent such sites. (3) Internet gambling is a growing cause of debt collection problems for insured depository institutions and the consumer credit industry
Section 3302 - Degree of care; authorized investments [For application of this section, see 79 Del. Laws, c. 172, section 6]
Del. Code tit. 12 § 3302 Cited 28 times
Providing that a fiduciary of a trust "shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use to attain the purposes of the account"

Gamoran v. Neuberger Berman Management LLC et al

79 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 with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."

Holding that the canon of construction requiring a clear statement to alter the federal-state balance of criminal jurisdiction "does not warrant a departure from terms" where the statute's "text . . . is unambiguous on the point under consideration"

Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”

Holding that a jury need not "decide unanimously which of several possible sets of underlying brute facts make up a particular element[; that is,] which of several possible means the defendant used to commit an element of crime"

Holding that a defendant in a criminal tax case can assert a defense of ignorance or misunderstanding of the tax law, leading to "a good-faith belief that he was not violating any of the provisions of the tax laws"

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding aiders and abettors punishable as principals under federal criminal law

Specifying prohibited activities

Defining what the terms “person” and “enterprise” include

Striking improper third-party claim is appropriate remedy

Conducting an illegal gambling business

Defining "effective competition"

Promoting gambling in the second degree

Providing that a fiduciary of a trust "shall act with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use to attain the purposes of the account"