35 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,142 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 28,570 times 141 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Daimler AG v. Bauman
571 U.S. 117 (2014) Cited 5,861 times 237 Legal Analyses
Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"
Goodyear Dunlop Tires Oper. v. Brown
564 U.S. 915 (2011) Cited 5,401 times 87 Legal Analyses
Holding "the sales of petitioners' tires sporadically made in North Carolina through intermediaries" insufficient to support general jurisdiction
Walden v. Fiore
571 U.S. 277 (2014) Cited 4,467 times 49 Legal Analyses
Holding that, for specific jurisdiction, "the relationship must arise out of contacts that the 'defendant [it]self' creates with the forum State" (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 (1985))
Helicopteros Nacionales de Colom. v. Hall
466 U.S. 408 (1984) Cited 9,375 times 26 Legal Analyses
Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation
BMW of North America, Inc. v. Gore
517 U.S. 559 (1996) Cited 2,889 times 44 Legal Analyses
Holding that a $2 million punitive damages award was "grossly excessive" and therefore exceeded the constitutional limit
Allen v. Wright
468 U.S. 737 (1984) Cited 4,832 times 9 Legal Analyses
Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"
Int'l Shoe Co. v. Washington
326 U.S. 310 (1945) Cited 22,892 times 110 Legal Analyses
Holding that states may exercise personal jurisdiction over out-of-state defendants with "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’ " (quoting Milliken v. Meyer , 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940) )
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 354,229 times 943 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 160,289 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 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,573 times 1241 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"
Section 70A-2-313 - Express warranties by affirmation, promise, description, sample
Utah Code § 70A-2-313 Cited 26 times
Stating elements of express warranties

Kw Schramek Trucking v. Cummins, Inc.

35 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

Holding "the sales of petitioners' tires sporadically made in North Carolina through intermediaries" insufficient to support general jurisdiction

Holding that, for specific jurisdiction, "the relationship must arise out of contacts that the 'defendant [it]self' creates with the forum State" (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 (1985))

Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

Holding that a $2 million punitive damages award was "grossly excessive" and therefore exceeded the constitutional limit

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. . . ."

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

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"

Stating elements of express warranties