59 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,331 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' "
  2. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,867 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile
  3. Stirone v. United States

    361 U.S. 212 (1960)   Cited 1,792 times   7 Legal Analyses
    Holding courts must assume "that under an indictment drawn in general terms a conviction might rest upon a showing" under those general terms
  4. Umland v. Planco Financial

    542 F.3d 59 (3d Cir. 2008)   Cited 992 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
  5. Cox v. Sears Roebuck & Co.

    138 N.J. 2 (N.J. 1994)   Cited 637 times   8 Legal Analyses
    Holding that a "consumer is not obligated to pay an indebtedness arising out of conduct that violates the [CFA]"
  6. Convalescent v. O'Neill

    217 N.J. 99 (N.J. 2014)   Cited 253 times   1 Legal Analyses
    Finding no violation of TCCWNA absent a violation of the CFA or any other law
  7. DiCarlo v. St. Mary Hosp

    530 F.3d 255 (3d Cir. 2008)   Cited 253 times   1 Legal Analyses
    Holding that the phrase in an admission contract requiring the patient to pay "all charges" was a price term that "was not in fact open" because "`all charges' unambiguously can only refer to [the hospital's] unifonn charges set forth in its Chargemaster"
  8. Brokerage Concepts v. U.S. Healthcare, Inc.

    140 F.3d 494 (3d Cir. 1998)   Cited 272 times
    Holding that the defendant did not violate the mail fraud statute by seeking an audit of the plaintiff because the plaintiff knew the defendant's "true motivation" for seeking the audit
  9. U.S. v. Walker

    657 F.3d 160 (3d Cir. 2011)   Cited 173 times
    Holding that a robbery of $40 to $50 satisfied the de minimis standard
  10. Dewey v. Volkswagen AG

    558 F. Supp. 2d 505 (D.N.J. 2008)   Cited 187 times
    Finding the following allegations sufficient "Volkswagen did not fully and truthfully disclose to its customers the true nature of the inherent design defects, which were not readily discoverable until years later, often after the warranty has expired. As a result, Plaintiffs and the other Class Members were fraudulently induced to lease and or purchase the Class Vehicles with the said design defects and all of the resultant problems . . . ."
  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 346,675 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
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,633 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,974 times   317 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  14. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,973 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include
  15. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,418 times   104 Legal Analyses
    Relating to mail fraud
  16. Section 1951 - Interference with commerce by threats or violence

    18 U.S.C. § 1951   Cited 11,602 times   51 Legal Analyses
    Defining extortion in ACCA as “the obtaining of something of value from another, with his consent, induced by the wrongful use or threatened use of force against the person or property of another ”
  17. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,552 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
  18. Section 605 - Unauthorized publication or use of communications

    47 U.S.C. § 605   Cited 3,646 times   3 Legal Analyses
    Granting broad discretion to courts in the award of statutory damages
  19. Section 56:8-1 - Applicability of C.56:8-1 et seq

    N.J. Stat. § 56:8-1   Cited 2,077 times   56 Legal Analyses
    Defining "merchandise" under the PLA as "any objects, wares, goods, commodities, services or anything offered, directly or indirectly to the public for sale"
  20. Section 56:8-2 - Fraud, etc., in connection with sale or advertisement of merchandise or real estate as unlawful practice

    N.J. Stat. § 56:8-2   Cited 1,246 times   13 Legal Analyses
    Prohibiting "any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact"