15 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,336 times 364 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' "
Day v. Taylor
400 F.3d 1272 (11th Cir. 2005) Cited 978 times
Holding that the district "court may consider a document attached to a" motion to dismiss without converting the motion into one for summary judgment if the attached document is central to the plaintiffs claim and undisputed"
Rosenzweig v. Azurix Corp.
332 F.3d 854 (5th Cir. 2003) Cited 988 times 3 Legal Analyses
Holding that district court did not abuse discretion in denying motion to amend complaint where "plaintiffs did not attach a proposed amended complaint," leaving district court to "speculate" about how additional facts might amount to a legal claim
Goldstein v. MCI WorldCom
340 F.3d 238 (5th Cir. 2003) Cited 311 times
Holding complaint presenting "what could best be described as allegations of mismanagement," or even "gross mismanagement," failed to allege severe recklessness of any individual
Southern Constructors Group v. Dynalectric Co.
2 F.3d 606 (5th Cir. 1993) Cited 408 times
Concluding that theories of liability not pleaded are waived
Simpson v. Union Oil Co.
377 U.S. 13 (1964) Cited 269 times 1 Legal Analyses
Holding that under the Sherman Act “[t]here is actionable wrong whenever the restraint of trade or monopolistic practice has an impact on the market; and it matters not that the complainant may be only one merchant”
Union Planters Nat. Leasing v. Woods
687 F.2d 117 (5th Cir. 1982) Cited 444 times
Holding that the district court did not abuse its discretion in denying a defendant's leave to amend his answer after summary judgment was entered
Simmons v. Sabine River Auth. State
732 F.3d 469 (5th Cir. 2013) Cited 94 times
Noting that leave to amend was futile when plaintiff's state law claims were preempted
United States v. Gen. Elec. Co.
272 U.S. 476 (1926) Cited 252 times 9 Legal Analyses
Holding that a patent holder may license its invention at a fixed price
Ryko Manufacturing Co. v. Eden Services
823 F.2d 1215 (8th Cir. 1987) Cited 92 times
Recognizing that under Iowa law a material breach excuses performance by the non-breaching party

In Re: Online Travel Company (OTC) Hotel Booking Antitrust Litigation

15 Cited authorities

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' "

Holding that the district "court may consider a document attached to a" motion to dismiss without converting the motion into one for summary judgment if the attached document is central to the plaintiffs claim and undisputed"

Holding that district court did not abuse discretion in denying motion to amend complaint where "plaintiffs did not attach a proposed amended complaint," leaving district court to "speculate" about how additional facts might amount to a legal claim

Holding complaint presenting "what could best be described as allegations of mismanagement," or even "gross mismanagement," failed to allege severe recklessness of any individual

Concluding that theories of liability not pleaded are waived

Holding that under the Sherman Act “[t]here is actionable wrong whenever the restraint of trade or monopolistic practice has an impact on the market; and it matters not that the complainant may be only one merchant”

Holding that the district court did not abuse its discretion in denying a defendant's leave to amend his answer after summary judgment was entered

Noting that leave to amend was futile when plaintiff's state law claims were preempted

Holding that a patent holder may license its invention at a fixed price

Recognizing that under Iowa law a material breach excuses performance by the non-breaching party