124 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,625 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' "
  2. Miranda v. Arizona

    384 U.S. 436 (1966)   Cited 60,311 times   64 Legal Analyses
    Holding that statements obtained by custodial interrogation of a criminal defendant without warning of constitutional rights are inadmissible under the Fifth Amendment
  3. Hishon v. King Spalding

    467 U.S. 69 (1984)   Cited 12,436 times   7 Legal Analyses
    Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job
  4. American Mfrs. Mut. Ins. Co. v. Sullivan

    526 U.S. 40 (1999)   Cited 4,829 times
    Holding that the private insurers were not state actors
  5. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,505 times   25 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"
  6. Gonzaga University v. Doe

    536 U.S. 273 (2002)   Cited 3,215 times   9 Legal Analyses
    Holding that nothing "short of an unambiguously conferred right ... support a cause of action brought under § 1983"
  7. Board of Regents v. Roth

    408 U.S. 564 (1972)   Cited 14,680 times   4 Legal Analyses
    Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."
  8. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,862 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
  9. Gomez v. Toledo

    446 U.S. 635 (1980)   Cited 5,380 times   1 Legal Analyses
    Holding that defendant bears burden of pleading defenses
  10. Allis-Chalmers Corp. v. Lueck

    471 U.S. 202 (1985)   Cited 2,719 times   4 Legal Analyses
    Holding that § 301 does not preempt state law claims based on non-negotiable, independent rights
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,856 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
  12. 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 345,885 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
  13. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,772 times   141 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney
  14. Rule 78 - Hearing Motions; Submission on Briefs

    Fed. R. Civ. P. 78   Cited 22,274 times
    Providing that court may decide motions on written statements of reasons in support and opposition to expedite business
  15. Section 59:8-8 - Time for presentation of claims

    N.J. Stat. § 59:8-8   Cited 827 times   5 Legal Analyses
    Allowing a claimant to sue only "[a]fter the expiration of six months from the date notice of claim is received"
  16. Section 34:19-3 - Retaliatory action prohibited

    N.J. Stat. § 34:19-3   Cited 507 times   4 Legal Analyses
    Identifying basis for CEPA cause of action as employee's "reasonabl[e] belie[f]" that employer's act "is in violation of a law, or a rule or regulation promulgated pursuant to law . . . is fraudulent or criminal[, or] . . . is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment"
  17. Section 2A:15-5.1 - Contributory negligence; elimination as bar to recovery; comparative negligence to determine damages

    N.J. Stat. § 2A:15-5.1   Cited 328 times   5 Legal Analyses

    Contributory negligence shall not bar recovery in an action by any person or his legal representative to recover damages for negligence resulting in death or injury to person or property, if such negligence was not greater than the negligence of the person against whom recovery is sought or was not greater than the combined negligence of the persons against whom recovery is sought. Any damages sustained shall be diminished by the percentage sustained of negligence attributable to the person recovering

  18. Section 2A:15-5.12 - Award of punitive damages; determination

    N.J. Stat. § 2A:15-5.12   Cited 255 times   1 Legal Analyses
    Listing one factor supporting punitive damages as whether "serious harm would arise from the defendant's conduct"
  19. Section 34:19-8 - Other rights, remedies unaffected

    N.J. Stat. § 34:19-8   Cited 177 times   2 Legal Analyses
    Commencing a CEPA action "shall be deemed a waiver of the rights and remedies available under any other . . . State law"
  20. Section 2A:15-5.9 - Short title

    N.J. Stat. § 2A:15-5.9   Cited 169 times   3 Legal Analyses

    This act shall be known and may be cited as the "Punitive Damages Act." N.J.S. § 2A:15-5.9 L.1995, c.142, s.1.