44 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   366 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' "
  2. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,634 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"
  3. Johnson v. U.S.

    559 U.S. 133 (2010)   Cited 2,757 times   14 Legal Analyses
    Holding that 18 U.S.C. § 924(e) ’s nearly identical "physical force" clause "means violent force—that is, force capable of causing physical pain or injury to another person"
  4. Morrison v. National Australia Bank Ltd.

    561 U.S. 247 (2010)   Cited 1,470 times   177 Legal Analyses
    Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction
  5. Sedima, S.P.R.L. v. Imrex Co.

    473 U.S. 479 (1985)   Cited 4,236 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."
  6. Meyer v. Holley

    537 U.S. 280 (2003)   Cited 472 times   4 Legal Analyses
    Holding that under traditional principles of vicarious liability, a corporation is the principal of its employees/agents, and thus corporate owners and officers are not liable for the unlawful acts of an employee simply on the basis that the owner or officer controlled (or had the right to control) the actions of that employee
  7. United States v. Bass

    404 U.S. 336 (1971)   Cited 1,270 times
    Holding § 922(g)'s predecessor constitutional in light of the jurisdictional element
  8. Clackamas Gastroenterology Assocs., P.C. v. Wells

    538 U.S. 440 (2003)   Cited 380 times   17 Legal Analyses
    Holding that whether an organization can hire or fire or set the rules and regulations of the individual's work is relevant to whether one is an employee
  9. Staehr v. Hartford Financial Serv

    547 F.3d 406 (2d Cir. 2008)   Cited 864 times   1 Legal Analyses
    Holding that matters judicially noticed by a court "are not considered matters outside the pleadings"
  10. Brehm v. Eisner

    26 Del. 3 (Del. 2000)   Cited 1,149 times   18 Legal Analyses
    Holding that the Delaware Supreme Court reviews de novo all demand futility rulings by the Delaware Court of Chancery
  11. Section 1447 - Procedure after removal generally

    28 U.S.C. § 1447   Cited 33,257 times   110 Legal Analyses
    Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"
  12. Section 2 - Principals

    18 U.S.C. § 2   Cited 23,913 times   57 Legal Analyses
    Holding aiders and abettors punishable as principals under federal criminal law
  13. Section 1952 - Interstate and foreign travel or transportation in aid of racketeering enterprises

    18 U.S.C. § 1952   Cited 3,270 times   42 Legal Analyses
    Making it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law
  14. Section 1955 - Prohibition of illegal gambling businesses

    18 U.S.C. § 1955   Cited 1,108 times   9 Legal Analyses
    Conducting an illegal gambling business
  15. Section 630 - Liability of shareholders for wages due to laborers, servants or employees

    N.Y. Bus. Corp. Law § 630   Cited 100 times   1 Legal Analyses
    Making the ten largest shareholders of a corporation whose shares are not nationally quoted or listed liable for unpaid debts and wages owing by the corporation to its employees
  16. 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"
  17. Section 20.25 - Criminal liability of an individual for corporate conduct

    N.Y. Penal Law § 20.25   Cited 21 times

    A person is criminally liable for conduct constituting an offense which he performs or causes to be performed in the name of or in behalf of a corporation to the same extent as if such conduct were performed in his own name or behalf. N.Y. Penal Law § 20.25

  18. Section 282 - Criminal liability of an individual for organizational conduct

    Del. Code tit. 11 § 282

    A person is criminally liable for conduct constituting an offense which the person performs or causes to be performed in the name of or in behalf of an organization to the same extent as if the conduct were performed in the person's own name or behalf. 11 Del. C. § 282 11 Del. C. 1953, § 282; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 71, §§ 2, 3.;