53 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,573 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 269,308 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. Browning v. Levy

    283 F.3d 761 (6th Cir. 2002)   Cited 719 times   1 Legal Analyses
    Holding that res judicata can bar later litigation of reorganized debtors' pre-existing legal claims
  4. Williams v. Aetna Fin. Co.

    83 Ohio St. 3d 464 (Ohio 1998)   Cited 621 times
    Holding that arbitration clause was unconscionable where there was evidence of oppressive and fraudulent intent
  5. Textron Fin. Corp. v. Nationwide Mut

    115 Ohio App. 3d 137 (Ohio Ct. App. 1996)   Cited 326 times
    Holding that damages must be "established with reasonable certainty"
  6. Evans v. Pearson Enterprises, Inc.

    434 F.3d 839 (6th Cir. 2006)   Cited 240 times
    Holding that a plaintiff "failed to plead reliance sufficiently and therefore is unable to state a claim for fraud" despite alleging in "her complaint that she 'relied implicitly on the representations' "
  7. Burroughs Wellcome Co. v. Barr Labs., Inc.

    40 F.3d 1223 (Fed. Cir. 1994)   Cited 287 times   27 Legal Analyses
    Holding that a reduction to practice by a third party inures to the benefit of the inventor even without communication of the conception
  8. Cohen v. Lamko, Inc.

    10 Ohio St. 3d 167 (Ohio 1984)   Cited 389 times
    Detailing the elements of fraud
  9. Lutz v. Chesapeake Appalachia, L.L.C

    717 F.3d 459 (6th Cir. 2013)   Cited 162 times
    Holding that plaintiffs might be entitled to equitable tolling on the basis of fraudulent concealment but “these are questions for summary judgment or for trial, and they should not be resolved on a motion to dismiss”
  10. Delman v. Cleveland Heights

    41 Ohio St. 3d 1 (Ohio 1989)   Cited 273 times   1 Legal Analyses
    Holding that an individual commits the tort of negligent misrepresentation if he "in the course of his business, profession or employment, or in any other transaction in which he has a pecuniary interest, supplies false information for the guidance of others in their business transactions" while failing to "exercise reasonable care or competence in obtaining or communicating the information" and those receiving the false information justifiably rely on this information and suffer pecuniary loss
  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 348,893 times   931 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,142 times   321 Legal Analyses
    Requiring that fraud be pleaded with particularity
  13. Section 339 - Contract, obligation not founded on written instrument; against sheriff or coroner for doing official act; rescission of contract not in writing

    Cal. Code Civ. Proc. § 339   Cited 1,515 times   1 Legal Analyses
    Holding that a plaintiff must initiate within two years "[a]n action upon a contract, obligation or liability not founded upon an instrument of writing"
  14. Section 2305.09 - Four years - certain torts

    Ohio Rev. Code § 2305.09   Cited 961 times   1 Legal Analyses
    Relating to the recovery of personal property
  15. Section 13-80-102 - General limitation of actions - two years

    Colo. Rev. Stat. § 13-80-102   Cited 408 times   1 Legal Analyses
    Providing the general limitation for personal injury claims in Colorado is two years from when the action accrues
  16. Section 13-80-101 - General limitation of actions - three years

    Colo. Rev. Stat. § 13-80-101   Cited 221 times
    Stating that "[a]ll contract actions" must be commenced "within three years after the cause of action accrues, and not thereafter"
  17. Section 122 - Confidential status of applications; publication of patent applications

    35 U.S.C. § 122   Cited 172 times   42 Legal Analyses
    Providing that with certain exceptions, "each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title."
  18. Section 1.14 - Patent applications preserved in confidence

    37 C.F.R. § 1.14   Cited 29 times   1 Legal Analyses

    (a)Confidentiality of patent application information. Patent applications that have not been published under 35 U.S.C. 122(b) are generally preserved in confidence pursuant to 35 U.S.C. 122(a) . Information concerning the filing, pendency, or subject matter of an application for patent, including status information, and access to the application, will only be given to the public as set forth in § 1.11 or in this section. (1) Records associated with patent applications (see paragraph (g) of this section