19 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 256,412 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,095 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' "
  3. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,206 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"
  4. Mayer v. Belichick

    605 F.3d 223 (3d Cir. 2010)   Cited 2,380 times   1 Legal Analyses
    Holding we must only consider documents if complainant's claims are based upon these documents
  5. Illinois v. Fisher

    540 U.S. 544 (2004)   Cited 487 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”
  6. Pryor v. Nat'l Collegiate Athletic Ass'n

    288 F.3d 548 (3d Cir. 2002)   Cited 1,306 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"
  7. Salovaara v. Jackson Nat. Life Ins. Co.

    246 F.3d 289 (3d Cir. 2001)   Cited 239 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."
  8. 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
  9. New Jersey v. Merrill Lynch Co.

    640 F.3d 545 (3d Cir. 2011)   Cited 51 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”
  10. 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
  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 349,819 times   936 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 158,269 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 112,459 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"
  14. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 70,198 times   126 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
  15. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,684 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment