28 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 12,290 times   44 Legal Analyses
    Holding that a party seeking a preliminary injunction "must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest"
  2. Rose v. Bartle

    871 F.2d 331 (3d Cir. 1989)   Cited 1,170 times
    Holding that allegations supporting a conspiracy claim under civil RICO must be sufficiently specific
  3. Seville Indus Machinery v. Southmost Machinery

    742 F.2d 786 (3d Cir. 1984)   Cited 1,106 times
    Holding that Rule 9(b) does not requires a plaintiff to plead date, place, or time of alleged fraud
  4. Ferring Pharm., Inc. v. Watson Pharm., Inc.

    765 F.3d 205 (3d Cir. 2014)   Cited 220 times   9 Legal Analyses
    Holding that there is no presumption of irreparable injury in Lanham Act cases
  5. Marshall-Silver Const. Co., Inc. v. Mendel

    894 F.2d 593 (3d Cir. 1990)   Cited 112 times
    Holding that, when the allegations of the complaint, taken as true, do not support the existence of either long-term criminal conduct or the threat thereof, dismissal is appropriate
  6. COM. v. TAP PHARMACEUTICAL PRODUCTS, INC

    885 A.2d 1127 (Pa. Cmmw. Ct. 2005)   Cited 66 times
    Finding that the plaintiff did not need to plead that it directly conferred a benefit on defendants for unjust enrichment claim
  7. Brown v. Blaine

    833 A.2d 1166 (Pa. Cmmw. Ct. 2003)   Cited 62 times
    Finding prisoner's confinement for 120 days in prison's long-term security unit did not impose an atypical and significant hardship in relation to ordinary prison life and did not trigger a liberty interest; no process was due even if the transfer resulted in a less favorable living situation
  8. Weaver v. Franklin County

    918 A.2d 194 (Pa. Cmmw. Ct. 2007)   Cited 53 times
    Dismissing intentional tort claims against the county defendant
  9. Kolar v. Preferred Real Estate Invest

    361 F. App'x 354 (3d Cir. 2010)   Cited 44 times
    Holding that a "single finite transaction cannot by itself underpin a pattern of racketeering activity"
  10. Township v. Duke Energy

    488 F.3d 203 (3d Cir. 2007)   Cited 31 times
    Concluding that whether the defendant energy company acted in a "reasonable" manner by removing trees without the permission of the plaintiff township or the plaintiff homeowners in order to engage in aerial surveillance of its pipelines, was a triable issue of fact that compelled the denial of summary judgment
  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 267,561 times   779 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 122,224 times   187 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 21,724 times   58 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  14. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 13,431 times   60 Legal Analyses
    Listing state law offenses constituting predicate acts