41 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,697 times 365 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' "
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,508 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"
Associated General Contractors v. Carpenters
459 U.S. 519 (1983) Cited 5,033 times 34 Legal Analyses
Holding that a union lacked standing to sue for injuries passed on to it by intermediaries
Illinois Brick Co. v. Illinois
431 U.S. 720 (1977) Cited 1,287 times 61 Legal Analyses
Holding that indirect purchasers cannot recover damages under federal antitrust law
Brooke Group Ltd. v. Brown Williamson Tobacco Corp.
509 U.S. 209 (1993) Cited 728 times 19 Legal Analyses
Holding that "tacit collusion" of participants in oligopolistic market to raise prices in response to higher costs is "not in itself unlawful"
California v. Arc America Corp.
490 U.S. 93 (1989) Cited 498 times 6 Legal Analyses
Holding that the Sherman Act, which does not allow indirect purchaser actions, does not preempt state laws that allow indirect purchasers to obtain relief
Elevator Antitrust v. United Tech
502 F.3d 47 (2d Cir. 2007) Cited 805 times 3 Legal Analyses
Holding that allegations of conspiratorial activity “in entirely general terms without any specification of any particular activities by any particular defendant ... was nothing more than a list of theoretical possibilities, which one could postulate without knowing any facts whatever”
Kendall v. Visa
518 F.3d 1042 (9th Cir. 2008) Cited 576 times 3 Legal Analyses
Holding that leave to amend would be futile where plaintiff was granted leave to amend once before and the amended complaint contained the same deficiencies as the prior complaint
IN RE CITRIC ACID LITIGATION
191 F.3d 1090 (9th Cir. 1999) Cited 328 times 1 Legal Analyses
Holding evidence of trade association membership without factual allegations that members used associations for illegal ends did not "tend to exclude the possibility of legitimate behavior"
Williamson Oil Co. v. Philip Morris USA
346 F.3d 1287 (11th Cir. 2003) Cited 290 times 1 Legal Analyses
Holding that moving party bears the initial burden of establishing there is no genuine dispute as to any material fact
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,250 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

In Re: TFT-LCD (Flat Panel) Antitrust Litigation

41 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 "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"

Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

Holding that indirect purchasers cannot recover damages under federal antitrust law

Holding that "tacit collusion" of participants in oligopolistic market to raise prices in response to higher costs is "not in itself unlawful"

Holding that the Sherman Act, which does not allow indirect purchaser actions, does not preempt state laws that allow indirect purchasers to obtain relief

Holding that allegations of conspiratorial activity “in entirely general terms without any specification of any particular activities by any particular defendant ... was nothing more than a list of theoretical possibilities, which one could postulate without knowing any facts whatever”

Holding that leave to amend would be futile where plaintiff was granted leave to amend once before and the amended complaint contained the same deficiencies as the prior complaint

Holding evidence of trade association membership without factual allegations that members used associations for illegal ends did not "tend to exclude the possibility of legitimate behavior"

Holding that moving party bears the initial burden of establishing there is no genuine dispute as to any material fact

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."