103 Cited authorities

  1. Bell Atl. Corp. v Twombly

    550 U.S. 544 (2007)   Cited 192,089 times   329 Legal Analyses
    Holding that a complaint must contain sufficient facts to "state a claim to relief that is plausible on its face"
  2. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 13,464 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
  3. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 52,743 times   27 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
  4. Sedima, S.P.R.L. v. Imrex Co.

    473 U.S. 479 (1985)   Cited 3,768 times   5 Legal Analyses
    Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."
  5. Mitsubishi Motors v. Soler Chrysler-Plymouth

    473 U.S. 614 (1985)   Cited 3,636 times   38 Legal Analyses
    Holding that claims brought under 15 U.S.C. §§ 1–7 are subject to binding arbitration pursuant to the FAA's proarbitration presumption
  6. Bridge v. Phoenix Bond & Indem. Co.

    555 U.S. 639 (2008)   Cited 832 times   6 Legal Analyses
    Holding that the defrauded bidder, not the county, was the most directly injured because the county's injuries were at best "speculative and remote"
  7. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,409 times   4 Legal Analyses
    Holding that where a fraudulent scheme directly harmed stock-brokers by causing stock prices to plummet, creditors to the stockbrokers could not show proximate causation because their injury was "purely contingent" on the harm to the brokers
  8. Reves v. Ernst Young

    507 U.S. 170 (1993)   Cited 1,235 times   1 Legal Analyses
    Holding that the defendant "participates" if he "directs" the pattern of racketeering activity
  9. Kamen v. Kemper Financial Services, Inc.

    500 U.S. 90 (1991)   Cited 989 times   4 Legal Analyses
    Holding that there is a presumption to apply state law "in areas in which private parties have entered legal relationships with the expectation that their rights and obligations would be governed by state-law standards"
  10. Cheek v. United States

    498 U.S. 192 (1991)   Cited 936 times   9 Legal Analyses
    Holding that "the jury would be free to consider any admissible evidence from any source showing that [the defendant] was aware of his duty to file a return and to treat wages as income"
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 111,449 times   177 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 29,896 times   239 Legal Analyses
    Requiring a party who alleged fraud or mistake to "state with particularity the circumstances constituting fraud of mistake"
  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 19,190 times   23 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  14. Section 2 - Principals

    18 U.S.C. § 2   Cited 18,916 times   37 Legal Analyses
    Holding aiders and abettors punishable as principals under federal criminal law
  15. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 12,876 times   39 Legal Analyses
    Participating in the affairs of an enterprise through a pattern of racketeering activity
  16. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 12,860 times   50 Legal Analyses
    Listing state law offenses constituting predicate acts
  17. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 4,999 times   25 Legal Analyses
    Granting civil remedies for RICO violation
  18. Rule 14 - Third-Party Practice

    Fed. R. Civ. P. 14   Cited 2,907 times   8 Legal Analyses
    Striking improper third-party claim is appropriate remedy
  19. Rule 23.1 - Derivative Actions

    Fed. R. Civ. P. 23.1   Cited 1,588 times   16 Legal Analyses
    Requiring a verified complaint for shareholder derivative suits
  20. Section 1955 - Prohibition of illegal gambling businesses

    18 U.S.C. § 1955   Cited 994 times   7 Legal Analyses
    Defining an illegal gambling business as a gambling enterprise which violates state law, involves five or more persons, and remains in continuous operation for thirty or more days or has gross revenues of $2,000 or more on any single day
  21. Rule 201 - Judicial Notice of Adjudicative Facts

    Del. R. Evid. 201   Cited 126 times

    (a)Scope . This Rule governs judicial notice of an adjudicative fact only, not a legislative fact. (b)Kinds of Facts That May Be Judicially Noticed. The court may judicially notice a fact that is not subject to reasonable dispute because it : (1) is generally known within the trial court's territorial jurisdiction; or (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. (c)Taking Notice. The court: (1) may take judicial notice on its own; or (2)