19 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,142 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 273,590 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
Fowler v. UPMC Shadyside
578 F.3d 203 (3d Cir. 2009) Cited 14,340 times 4 Legal Analyses
Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"
Mayer v. Belichick
605 F.3d 223 (3d Cir. 2010) Cited 2,439 times 1 Legal Analyses
Holding we must only consider documents if complainant's claims are based upon these documents
Illinois v. Fisher
540 U.S. 544 (2004) Cited 490 times 5 Legal Analyses
Holding that the mere fact that destroyed evidence was at the time sought in a pending discovery request did not “eliminate the necessity of showing bad faith on the part of police”
Pryor v. Nat'l Collegiate Athletic Ass'n
288 F.3d 548 (3d Cir. 2002) Cited 1,320 times
Holding that "[a]lthough a district court may not consider matters extraneous to the pleadings, a document integral to or explicitly relied upon in the complaint may be considered without converting the motion to dismiss in one for summary judgment"
Salovaara v. Jackson Nat. Life Ins. Co.
246 F.3d 289 (3d Cir. 2001) Cited 240 times 1 Legal Analyses
Holding that if the forum selection clause specifies a non-federal forum, the "district court must dismiss the action so it can be filed in the appropriate forum so long as the dismissal would be in the interests of justice."
Cadapult Graphic Systems, Inc. v. Tektronix, Inc.
98 F. Supp. 2d 560 (D.N.J. 2000) Cited 162 times
Granting transfer under 28 U.S.C. § 1404 to Oregon in light of parties' valid forum selection clause
New Jersey v. Merrill Lynch Co.
640 F.3d 545 (3d Cir. 2011) Cited 52 times 2 Legal Analyses
Holding that a “forum selection clause that provides: ‘exclusive jurisdiction ... shall lie in the appropriate courts of the State [of] New Jersey” … “memorializes the parties' intention to litigate all contractual disputes in the state courts of New Jersey and thus was a waiver of the right to removal”
Jersey Asparagus Farms, Inc. v. Rutgers Univ.
803 F. Supp. 2d 295 (D.N.J. 2011) Cited 17 times
Noting that Therasense does not directly address the initial pleading stage
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 354,229 times 943 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 160,289 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 113,606 times 572 Legal Analyses
Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,857 times 61 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment

Hagen v. John Doe Company

19 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 the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

Holding we must only consider documents if complainant's claims are based upon these documents

Holding that the mere fact that destroyed evidence was at the time sought in a pending discovery request did not “eliminate the necessity of showing bad faith on the part of police”

Holding that "[a]lthough a district court may not consider matters extraneous to the pleadings, a document integral to or explicitly relied upon in the complaint may be considered without converting the motion to dismiss in one for summary judgment"

Holding that if the forum selection clause specifies a non-federal forum, the "district court must dismiss the action so it can be filed in the appropriate forum so long as the dismissal would be in the interests of justice."

Granting transfer under 28 U.S.C. § 1404 to Oregon in light of parties' valid forum selection clause

Noting that Therasense does not directly address the initial pleading stage

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. . . ."

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Granting district courts the authority to create a remedy with the force of a final judgment