§Why CasetextPricing

Gordon et al v. Dailey et al

BRIEF in Opposition

29 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 261,602 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 274,949 times   368 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

  3. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 7,922 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

  4. Watson v. Abington TP

    478 F.3d 144 (3d Cir. 2007)   Cited 764 times
    Holding that in order to state a municipal policy, a plaintiff must allege "an official proclamation, policy, or edict"

  5. In re Suprema Specialties, Inc.

    438 F.3d 256 (3d Cir. 2006)   Cited 561 times
    Holding that Securities Act claims that allege negligence and are pleaded separately from Section 10(b) claims will not trigger the Rule 9(b) standard

  6. Weichert Co. Realtors v. Ryan

    128 N.J. 427 (N.J. 1992)   Cited 469 times
    Holding that commercial real estate broker could not establish that an implied contract to pay brokerage commission existed because buyer "not only withheld his assent to the terms of the offer, declining to sign [letter specifying brokerage commission], but also expressed some reluctance about agreeing to pay the full commission on closing."

  7. Chester County Interm. Unit v. Pa. Blue Shield

    896 F.2d 808 (3d Cir. 1990)   Cited 499 times
    Permitting consideration of exhibits attached to complaint on motion to dismiss

  8. Flora v. Cnty. of Luzerne

    776 F.3d 169 (3d Cir. 2015)   Cited 190 times
    Holding that a plaintiff who took measures outside the chain of command to report wrongdoing was not within his job duties

  9. In re Nice Systems, Ltd. Securities Litigation

    135 F. Supp. 2d 551 (D.N.J. 2001)   Cited 205 times
    Holding that plaintiffs did not satisfy particularity requirement where plaintiffs' assertions were based, in part, on the statements of unnamed former employees

  10. Lahue v. Pio Costa

    263 N.J. Super. 575 (App. Div. 1993)   Cited 150 times
    Finding that a binding settlement agreement existed notwithstanding claims by the contesting party that the agreement was contingent on deciding other terms inasmuch as the essential terms were agreed to

  11. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 112,772 times   198 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,699 times   329 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 78t - Liability of controlling persons and persons who aid and abet violations

    15 U.S.C. § 78t   Cited 4,035 times   20 Legal Analyses
    Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"

  14. Section 77e - Prohibitions relating to interstate commerce and the mails

    15 U.S.C. § 77e   Cited 1,891 times   26 Legal Analyses
    Requiring registration statement before selling securities

  15. Section 77l - Civil liabilities arising in connection with prospectuses and communications

    15 U.S.C. § 77l   Cited 833 times   22 Legal Analyses
    Authorizing relief if the offering documents contain just one untrue statement of material fact

  16. Section 77o - Liability of controlling persons

    15 U.S.C. § 77o   Cited 818 times   8 Legal Analyses
    Imposing liability on persons who "control[] any person liable" under §§ 11 or 12

  17. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,304 times   136 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"