Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,227 times 279 Legal AnalysesHolding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 267,097 times 365 Legal AnalysesHolding 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' "
Reves v. Ernst Young
507 U.S. 170 (1993) Cited 1,413 times 1 Legal AnalysesHolding that the defendant "participates" if he "directs" the pattern of racketeering activity
In re Insurance Brokerage Antitrust Litigation
618 F.3d 300 (3d Cir. 2010) Cited 1,462 times 4 Legal AnalysesHolding that per se "hub and spoke" theory was not properly pled when complaint detailed specific agreements between multiple insurers and a single broker, but did not allege facts such that the court could infer that the insurers had agreed horizontally to enter into their respective agreements with the broker
Lightning Lube, Inc. v. Witco Corp.
4 F.3d 1153 (3d Cir. 1993) Cited 1,163 timesHolding that the owner of a small business may testify as a lay witness regarding the projected future profits of his business
Crest Construction II, Inc. v. Doe
660 F.3d 346 (8th Cir. 2011) Cited 387 timesHolding the complaint "does not identify [the who, what, when, where, and how] with respect to a single allegation of mail or wire fraud; in fact the Complaint fails to specify a single date with respect to any such allegation" (alteration in original)
Hecht v. Commerce Clearing House, Inc.
897 F.2d 21 (2d Cir. 1990) Cited 509 timesHolding that an employee's loss of commissions and employment was not proximately caused by defendants' RICO violations
Menasco, Inc. v. Wasserman
886 F.2d 681 (4th Cir. 1989) Cited 225 times 1 Legal AnalysesHolding that scheme to defraud only two victims did not constitute RICO violation but implying that claim alleging 27 victims of same scheme would suffice
In re Dameron v. Tyler
155 F.3d 718 (4th Cir. 1998) Cited 111 timesHolding that debtor held funds subject to express trust under Virginia law where contractual language and circumstances under which debtor received funds showed that parties intended debtor “to act merely as an intermediary” without any expectation that debtor would keep the funds or “develop any equitable interest in the funds”
Danielsen v. Burnside-Ott Av. Training Ctr.
941 F.2d 1220 (D.C. Cir. 1991) Cited 126 timesHolding that the statutory scheme of the SCA "leaves no room" for a civil action under the Racketeer Influenced and Corrupt Organizations Act ("RICO") and a claim "couched under" RICO is preempted
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 346,412 times 923 Legal AnalysesGranting 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 156,480 times 194 Legal AnalysesHolding 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 38,956 times 317 Legal AnalysesPermitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 15,897 times 60 Legal AnalysesSpecifying prohibited activities
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,413 times 104 Legal AnalysesRelating to mail fraud
Section 1343 - Fraud by wire, radio, or television
18 U.S.C. § 1343 Cited 11,972 times 170 Legal AnalysesBarring fraudulent schemes "for obtaining money or property"