25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 195,191 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 209,562 times   342 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  3. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 13,446 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile
  4. Buck v. Hampton Tp. Sch. Dist

    452 F.3d 256 (3d Cir. 2006)   Cited 1,215 times   1 Legal Analyses
    Holding that where an employer has actual notice of a discrimination charge and chooses to respond to the merits of the claim before the EEOC without asserting lack of verification as a defense, it waives its right to secure dismissal of the federal court proceedings on that basis because, otherwise, the employer would receive a windfall without serving the verification requirement's purpose of protecting employers from frivolous claims by requiring plaintiffs to support their claims under oath
  5. Umland v. Planco Financial

    542 F.3d 59 (3d Cir. 2008)   Cited 778 times
    Holding that plaintiff could not bring common-law contract claim where the alleged implied contractual term reflected the provisions of the Federal Insurance Contributions Act, which did not provide a private right of action
  6. Maio v. Aetna, Inc.

    221 F.3d 472 (3d Cir. 2000)   Cited 975 times
    Holding no RICO cause of action because factual predicate necessary for damages to be incurred at all too speculative
  7. Sheridan v. E.I. DuPont de Nemours & Co.

    100 F.3d 1061 (3d Cir. 1996)   Cited 995 times
    Holding that a new trial should be granted only where the "great weight" of the evidence cuts against the verdict and "where a miscarriage of justice would result if the verdict were to stand."
  8. Kachmar v. Sungard Data Systems, Inc.

    109 F.3d 173 (3d Cir. 1997)   Cited 782 times
    Holding that Congress did not intend to hold individual employees liable under Title VII, which is parallel to the ADEA in many ways
  9. Antol v. Perry

    82 F.3d 1291 (3d Cir. 1996)   Cited 560 times
    Holding that the investigation "quite properly" focused on Antol's disability discrimination claim
  10. Dici v. Pennsylvania

    91 F.3d 542 (3d Cir. 1996)   Cited 452 times
    Holding that an allegation that the plaintiff's supervisor knew or should have known that the plaintiff was being harassed by co-workers and repeatedly refused to take prompt action would, if proven true, constitute aiding and abetting
  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 269,826 times   783 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 123,226 times   187 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 72,627 times   110 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"
  14. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 24,237 times   126 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires
  15. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 13,366 times   6 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion