29 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,776 times   367 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,189 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
  3. General Elect. Capital v. Lease Resolution

    128 F.3d 1074 (7th Cir. 1997)   Cited 1,528 times   1 Legal Analyses
    Holding that constructive fraudulent transfer pleadings complied with Rule 9(b) where the complaint alleged that the transferor did not receive reasonably equivalent value and that the transfers "rendered [the transferor] insolvent and effectively precluded" it from paying its debts
  4. Venture Associates v. Zenith Data Systems

    987 F.2d 429 (7th Cir. 1993)   Cited 1,795 times   2 Legal Analyses
    Holding "minor, non-substantive changes" in response to offer prevented contract formation under Illinois law
  5. 188 LLC v. Trinity Indus., Inc.

    300 F.3d 730 (7th Cir. 2002)   Cited 427 times
    Holding a document was incorporated by reference when the contract contained the statement, "Sales of all services and materials are subject to the general terms and conditions on the reverse side"
  6. Liberty Mut. Ins. Co. v. Rotches Pork Packers

    969 F.2d 1384 (2d Cir. 1992)   Cited 308 times
    Holding district court could not take judicial notice of bankruptcy court's finding that sellers had provided notice required to preserve their trust rights and were cash sellers
  7. Minch v. City of Chicago

    486 F.3d 294 (7th Cir. 2007)   Cited 198 times
    Holding that although the complaint did not refer to the parties' collective bargaining agreement, the district court was entitled to consider it because its authenticity was not disputed and the plaintiffs' claim rested on its terms
  8. Hennessy v. Penril Datacomm Networks, Inc.

    69 F.3d 1344 (7th Cir. 1995)   Cited 221 times   1 Legal Analyses
    Holding that Landgraf does not prohibit the jury from hearing about pre-Act conduct which provides context and background
  9. Loeb Industries, Inc. v. Sumitomo Corp.

    306 F.3d 469 (7th Cir. 2002)   Cited 156 times   2 Legal Analyses
    Holding that courts regularly handle time-consuming and difficult damages calculations, and that they may do so where the damages are not "inherently speculative" or take the form of certain complex "econometric analys[e]s"
  10. In re Firstenergy Corp. Secs. Litig.

    316 F. Supp. 2d 581 (N.D. Ohio 2004)   Cited 58 times
    Holding scienter sufficiently alleged where complaint alleged not only accounting error, but knowledge of both relevant information and fact they were using improper accounting practices and where overstatements were "enormous"
  11. 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 348,310 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,940 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,526 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."