96 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,838 times   366 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' "
  2. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,673 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  3. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,706 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  4. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,320 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  5. Thomas v. Arn

    474 U.S. 140 (1985)   Cited 91,793 times   1 Legal Analyses
    Holding that the Sixth Circuit's waiver rule is within its supervisory powers
  6. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,156 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
  7. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,573 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"
  8. First Nat. Bank v. Cities Service

    391 U.S. 253 (1968)   Cited 8,825 times   1 Legal Analyses
    Holding that a continuance of summary judgment need not be granted particularly when ample time and opportunities for discovery have already lapsed
  9. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,268 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"
  10. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,886 times   6 Legal Analyses
    Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"
  11. Section 636 - Jurisdiction, powers, and temporary assignment

    28 U.S.C. § 636   Cited 502,526 times   39 Legal Analyses
    Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"
  12. 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 347,250 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  13. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,402 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  14. Rule 72 - Magistrate Judges: Pretrial Order

    Fed. R. Civ. P. 72   Cited 167,477 times   20 Legal Analyses
    Granting a party fourteen days to object to a Magistrate Judge's non-dispositive order
  15. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,932 times   195 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  16. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,919 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  17. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 46,110 times   321 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness
  18. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,016 times   320 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  19. Rule 28 - Persons Before Whom Depositions May Be Taken

    Fed. R. Civ. P. 28   Cited 18,387 times   7 Legal Analyses
    Requiring appellant's argument to contain citations to authorities
  20. Section 77p - Additional remedies; limitation on remedies

    15 U.S.C. § 77p   Cited 449 times   16 Legal Analyses
    Allowing certain securities class actions to be removed to federal court
  21. Section 301.7216-1 - Penalty for disclosure or use of tax return information

    26 C.F.R. § 301.7216-1   Cited 3 times   1 Legal Analyses

    (a)In general. Section 7216(a) prescribes a criminal penalty for tax return preparers who knowingly or recklessly disclose or use tax return information for a purpose other than preparing a tax return. A violation of section 7216 is a misdemeanor, with a maximum penalty of up to one year imprisonment or a fine of not more than $1,000, or both, together with the costs of prosecution. Section 7216(b) establishes exceptions to the general rule in section 7216(a) prohibiting disclosure and use. Section