67 Cited authorities

  1. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,859 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
  2. Harlow v. Fitzgerald

    457 U.S. 800 (1982)   Cited 31,584 times   11 Legal Analyses
    Holding that public officials are entitled to a "qualified immunity" from "liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person would have known"
  3. Hishon v. King Spalding

    467 U.S. 69 (1984)   Cited 12,459 times   7 Legal Analyses
    Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job
  4. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,351 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity
  5. 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"
  6. Gonzaga University v. Doe

    536 U.S. 273 (2002)   Cited 3,254 times   9 Legal Analyses
    Holding that nothing "short of an unambiguously conferred right ... support a cause of action brought under § 1983"
  7. Alexander v. Sandoval

    532 U.S. 275 (2001)   Cited 2,653 times   35 Legal Analyses
    Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"
  8. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,693 times   33 Legal Analyses
    Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23
  9. Pegram v. Herdrich

    530 U.S. 211 (2000)   Cited 1,354 times   11 Legal Analyses
    Holding that there was "jurisdiction regardless of the correctness of the removal" because the "amended complaint alleged ERISA violations, over which the federal courts have jurisdiction"
  10. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 7,702 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
  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 348,148 times   927 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 157,408 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. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,111 times   1237 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  14. Rule 23.1 - Derivative Actions

    Fed. R. Civ. P. 23.1   Cited 1,954 times   27 Legal Analyses
    Requiring only that the plaintiff allege demand futility "with particularity"
  15. Section 80a-1 - Findings and declaration of policy

    15 U.S.C. § 80a-1   Cited 466 times   16 Legal Analyses
    Declaring as a policy rationale for the Investment Company Act the prevention of conflicts of interest between investment companies and advisers
  16. Section 80a-35 - Breach of fiduciary duty

    15 U.S.C. § 80a-35   Cited 310 times   6 Legal Analyses
    Imposing a “fiduciary duty with respect to the receipt of compensation for services, or of payments of a material nature ”
  17. Section 80a-8 - Registration of investment companies

    15 U.S.C. § 80a-8   Cited 56 times   4 Legal Analyses
    Setting forth requirements for registration of investment companies
  18. Section 80a-46 - Validity of contracts

    15 U.S.C. § 80a-46   Cited 48 times   1 Legal Analyses
    Providing a remedy in the event that "a contract described in paragraph has been performed"
  19. Section 80a-36 - Larceny and embezzlement

    15 U.S.C. § 80a-36   Cited 23 times   1 Legal Analyses

    Whoever steals, unlawfully abstracts, unlawfully and willfully converts to his own use or to the use of another, or embezzles any of the moneys, funds, securities, credits, property, or assets of any registered investment company shall be deemed guilty of a crime, and upon conviction thereof shall be subject to the penalties provided in section 80a-48 of this title. A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution under this section