59 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 270,937 times 367 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' "
Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 17,052 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
Stirone v. United States
361 U.S. 212 (1960) Cited 1,801 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
Umland v. Planco Financial
542 F.3d 59 (3d Cir. 2008) Cited 1,000 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
Cox v. Sears Roebuck & Co.
138 N.J. 2 (N.J. 1994) Cited 640 times 8 Legal Analyses
Holding that a "consumer is not obligated to pay an indebtedness arising out of conduct that violates the [CFA]"
Convalescent v. O'Neill
217 N.J. 99 (N.J. 2014) Cited 260 times 1 Legal Analyses
Finding no violation of TCCWNA absent a violation of the CFA or any other law
DiCarlo v. St. Mary Hosp
530 F.3d 255 (3d Cir. 2008) Cited 255 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"
Brokerage Concepts v. U.S. Healthcare, Inc.
140 F.3d 494 (3d Cir. 1998) Cited 274 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
U.S. v. Walker
657 F.3d 160 (3d Cir. 2011) Cited 176 times
Holding that a robbery of $40 to $50 satisfied the de minimis standard
Dewey v. Volkswagen AG
558 F. Supp. 2d 505 (D.N.J. 2008) Cited 189 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 . . . ."
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 351,086 times 937 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 158,801 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,307 times 323 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 15,028 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,507 times 104 Legal Analyses
Relating to mail fraud
Section 1951 - Interference with commerce by threats or violence
18 U.S.C. § 1951 Cited 11,737 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 ”
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,669 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
Section 605 - Unauthorized publication or use of communications
47 U.S.C. § 605 Cited 3,656 times 3 Legal Analyses
Granting broad discretion to courts in the award of statutory damages
Section 56:8-1 - Applicability of C.56:8-1 et seq
N.J. Stat. § 56:8-1 Cited 2,101 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"
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 1,262 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"

Joaquin v. Directv Group Holdings, Inc. et al

59 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 district court need not permit a curative amendment if such amendment would be futile

Holding courts must assume "that under an indictment drawn in general terms a conviction might rest upon a showing" under those general terms

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

Holding that a "consumer is not obligated to pay an indebtedness arising out of conduct that violates the [CFA]"

Finding no violation of TCCWNA absent a violation of the CFA or any other law

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"

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

Holding that a robbery of $40 to $50 satisfied the de minimis standard

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

Requiring that fraud be pleaded with particularity

Defining what the terms “person” and “enterprise” include

Relating to mail fraud

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 ”

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

Granting broad discretion to courts in the award of statutory damages

Defining "merchandise" under the PLA as "any objects, wares, goods, commodities, services or anything offered, directly or indirectly to the public for sale"

Prohibiting "any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact"