42 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,377 times 279 Legal Analyses
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
550 U.S. 544 (2007) Cited 266,313 times 365 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' "
Mitsubishi Motors v. Soler Chrysler-Plymouth
473 U.S. 614 (1985) Cited 4,232 times 44 Legal Analyses
Holding that the Act emphatically favors arbitration
The Bremen v. Zapata Off-Shore Co.
407 U.S. 1 (1972) Cited 4,534 times 41 Legal Analyses
Holding that courts should enforce a choice-of-law clause when it is part of a "freely negotiated private international agreement"
Scherk v. Alberto-Culver Co.
417 U.S. 506 (1974) Cited 1,570 times 6 Legal Analyses
Holding Securities Exchange Act claim arbitrable
Illinois Brick Co. v. Illinois
431 U.S. 720 (1977) Cited 1,286 times 61 Legal Analyses
Holding that indirect purchasers cannot recover damages under federal antitrust law
Howard Hess Dental v. Dentsply Intern
602 F.3d 237 (3d Cir. 2010) Cited 797 times 1 Legal Analyses
Holding that it was inadequate for the complaint to state in "a conclusory manner" that "Defendants, each with all of the others, have entered into two interrelated conspiracies" and that "every Dealer knew that every other Dealer agreed, or would agree, to th[e] same [allegedly unlawful] plan"
Kendall v. Visa
518 F.3d 1042 (9th Cir. 2008) Cited 574 times 3 Legal Analyses
Holding that leave to amend would be futile where plaintiff was granted leave to amend once before and the amended complaint contained the same deficiencies as the prior complaint
Holland Am. Line Inc. v. Wärtsilä N. Am., Inc.
485 F.3d 450 (9th Cir. 2007) Cited 494 times
Holding that forum selection clauses applied to non-signatories because larger contract involved transactions that included non-signatories
Simula, Inc. v. Autoliv, Inc.
175 F.3d 716 (9th Cir. 1999) Cited 600 times 2 Legal Analyses
Holding that disputes “need only touch matters covered by the contract containing the arbitration clause and all doubts are to be resolved in favor of arbitrability”
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 345,529 times 922 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 156,008 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 56:9-18 - Uniform construction
N.J. Stat. § 56:9-18 Cited 62 times
Stating that the New Jersey Antitrust Act "shall be construed in harmony with ruling judicial interpretations of comparable Federal antitrust statutes and to effectuate, insofar as practicable, a uniformity in the laws of those states which enact it"

MDL No. 1917 In Re: Cathode Ray Tube (CRT) Antitrust Litigation

42 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that the Act emphatically favors arbitration

Holding that courts should enforce a choice-of-law clause when it is part of a "freely negotiated private international agreement"

Holding Securities Exchange Act claim arbitrable

Holding that indirect purchasers cannot recover damages under federal antitrust law

Holding that it was inadequate for the complaint to state in "a conclusory manner" that "Defendants, each with all of the others, have entered into two interrelated conspiracies" and that "every Dealer knew that every other Dealer agreed, or would agree, to th[e] same [allegedly unlawful] plan"

Holding that leave to amend would be futile where plaintiff was granted leave to amend once before and the amended complaint contained the same deficiencies as the prior complaint

Holding that forum selection clauses applied to non-signatories because larger contract involved transactions that included non-signatories

Holding that disputes “need only touch matters covered by the contract containing the arbitration clause and all doubts are to be resolved in favor of arbitrability”

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. . . ."

Stating that the New Jersey Antitrust Act "shall be construed in harmony with ruling judicial interpretations of comparable Federal antitrust statutes and to effectuate, insofar as practicable, a uniformity in the laws of those states which enact it"