550 U.S. 544 (2007) Cited 269,161 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' "
Noting with approval the Appellate Division's decision in Dunlop Tire & Rubber Corp. v. FMC Corp. , 53 A.D.2d 150, 151-52, 385 N.Y.S.2d 971, 972 (4th Dep't 1976), which allowed the plaintiff to recover not only for physical damage to its property caused by a nearby explosion, but also for the economic loss from being forced temporarily to close because the explosion caused the loss of electrical power
Holding that " 161 does not support [the plaintiff's] position" that the defendant "committed a trespass when it allegedly caused the property to be contaminated during its occupancy and the contamination continued into [the plaintiff's] occupancy of the land"
Holding a "plaintiff may not create material issues of fact by submitting affidavits that dispute [his] own prior testimony" regarding issues which have been thoroughly or clearly explored
Finding that upon bifurcation a court must "divide issues between separate trials in such a way that the same issue is not reexamined by different juries."
Affirming district court's grant of summary judgment after holding that district court did not err by excluding opinions of plaintiffs' experts under Rule 703
Finding that courts "have consistently rejected the efforts of property owners who discover contamination on their properties to maintain private nuisance claims against the former owners or lessees"
Identifying “an urgent need to provide more effective means and measures for improving the working conditions and practices in the Nation's coal or other mines in order to prevent death and serious physical harm, and in order to prevent occupational diseases originating in such mines”