MEMORANDUM OF LAW in Support re: 36 MOTION to Dismiss Certain Claims, Sever All Plaintiffs Claims and Strike All Class Claims as Contained in the Third Amended Complaint.. Document
550 U.S. 544 (2007) Cited 269,419 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' "
530 U.S. 133 (2000) Cited 21,201 times 22 Legal Analyses
Holding that, since the 58-year-old plaintiff was fired by his 60-year-old employer, there was an inference that "age discrimination was not the motive"
564 U.S. 338 (2011) Cited 6,693 times 505 Legal Analyses
Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”
528 U.S. 167 (2000) Cited 7,217 times 25 Legal Analyses
Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing
521 U.S. 591 (1997) Cited 6,998 times 69 Legal Analyses
Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval
555 U.S. 488 (2009) Cited 3,031 times 12 Legal Analyses
Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"
Fed. R. Civ. P. 23 Cited 35,183 times 1237 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"