Ashcroft v. Iqbal

Holding 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

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' "

Celotex Corp. v. Catrett

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Matsushita Elec. Indus. Co. v. Zenith Radio

Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

389 Orange Street Partners v. Arnold

Holding that "vague claims" cannot generate a factual dispute "adequate to defeat summary judgment"

Intri-Plex v. Crest

Holding courts, when ruling on motion to dismiss, "may not consider material beyond the complaint," other than material as to which judicial notice may be taken

Coto Settlement v. Eisenberg

Holding that on a motion to dismiss, a court may consider documents outside the complaint when the contents of the document are alleged in the complaint, the document's authenticity is not in question, and there are no disputed issues as to the document's relevance

Central Mortg. v. Morgan Stanley Mortg. Del

Holding that the existence of a general statement that plaintiff met conditions precedent was sufficient to avoid dismissal

Nemec v. Shrader

Holding that unjust enrichment claim requires five elements: " an enrichment, an impoverishment, a relation between the enrichment and impoverishment, the absence of justification, and the absence of a remedy provided by law"

Osborn v. Kemp

Holding that courts must give each term of a contract effect so as not to render any part of the contract extraneous

Section 636 - Jurisdiction, powers, and temporary assignment

Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

Rule 56 - Summary Judgment

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Rule 72 - Magistrate Judges: Pretrial Order

Granting a party fourteen days to object to a Magistrate Judge's non-dispositive order

Section 5-701 - Agreements required to be in writing

Stating that an oral agreement is void if “[b]y its terms is not to be performed within one year from the making thereof”

Section 740 ILCS 160/5

Listing eleven

Section 251 - Merger or consolidation of domestic corporations [For application of this section, see 79 Del. Laws, c. 327,§8 and 80 Del. Laws, c. 265,§17]

Requiring a vote by the majority of the outstanding stock

Section 1304 - Transfers fraudulent as to present and future creditors

Cross-referencing Del. Code Ann. tit. 6, § 1304

Section 42.230 - Office of judge in construing instruments

Stating that when constructing an instrument, the court should simply "ascertain and declare what it is, in terms or in substance, contained therein, not to insert what has been omitted, or to omit what has been inserted" and when possible to give effect to all provisions

Section 2714 - Necessity of writing for contracts; definition of writing; evidence

Prohibiting enforcement of an obligation lasting more than a year, unless the contract giving rise to the obligation is reduced to a signed writing

Rule 202 - Judicial Notice of Law