63 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,123 times   280 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
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,865 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' "
  3. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,871 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"
  4. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,191 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
  5. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,377 times   95 Legal Analyses
    Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision
  6. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,797 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
  7. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,935 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile
  8. Matrixx Initiatives, Inc. v. Siracusano

    563 U.S. 2011 (2011)   Cited 1,350 times   57 Legal Analyses
    Holding that plaintiffs had adequately pled a Rule 10b–5 claim—where defendant had disputed the sufficiency of the allegations with respect to the elements of scienter and materiality—by alleging that defendant had forestalled a stock price drop by making affirmative statements confirming the market's impression that defendant's leading product was safe, despite defendant's awareness of evidence suggesting a significant risk that the nasal spray led to loss of sense of smell; when the risk was finally (belatedly) disclosed, the stock price plummeted
  9. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,355 times   308 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance
  10. Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.

    552 U.S. 148 (2008)   Cited 1,184 times   80 Legal Analyses
    Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"
  11. 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 348,416 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,557 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,316 times   151 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”
  14. Rule 28 - Persons Before Whom Depositions May Be Taken

    Fed. R. Civ. P. 28   Cited 18,420 times   7 Legal Analyses
    Requiring appellant's argument to contain citations to authorities
  15. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,536 times   165 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities
  16. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,500 times   49 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
  17. Section 78t - Liability of controlling persons and persons who aid and abet violations

    15 U.S.C. § 78t   Cited 3,989 times   20 Legal Analyses
    Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"
  18. Section 10:5-1 - Short title

    N.J. Stat. § 10:5-1   Cited 2,533 times   46 Legal Analyses

    This act shall be known as "Law Against Discrimination." N.J.S. § 10:5-1 L.1945, c.169, p.589, s.1, eff. 4/16/1945.

  19. Section 34:15-8 - Election surrender of other remedies

    N.J. Stat. § 34:15-8   Cited 368 times   7 Legal Analyses
    Stating that "[i]f an injury or death is compensable under this article, a person shall not be liable to anyone at common law or otherwise on account of such injury or death for any act or omission occurring while such person was in the same employ as the person injured or killed, except for intentional wrong"
  20. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,226 times   134 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"