82 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,484 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
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,331 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' "
  3. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 7,436 times   437 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing
  4. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,900 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  5. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,549 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete
  6. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 2,845 times   69 Legal Analyses
    Holding that a plaintiff seeking to bring suit under a federal statute must show not only that he has standing under Article III, but also that his "complaint fall within the zone of interests protected by the law" invoked
  7. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,886 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"
  8. Vermont Agency of Nat. Res. v. U.S. ex rel. Stevens

    529 U.S. 765 (2000)   Cited 1,597 times   31 Legal Analyses
    Holding that States are not subject to private FCA actions
  9. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,019 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"
  10. Russello v. United States

    464 U.S. 16 (1983)   Cited 2,099 times   6 Legal Analyses
    Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
  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 346,675 times   923 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 156,633 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,772 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  14. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,993 times   1236 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  15. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,306 times   170 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner
  16. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,552 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
  17. Rule 3 - Commencing an Action

    Fed. R. Civ. P. 3   Cited 2,960 times   4 Legal Analyses
    Stating that once the inmate has filed his motion with the clerk, "[t]he clerk must file the motion and enter it on the criminal docket of the case in which the challenged judgment was entered"
  18. Rule 23.1 - Derivative Actions

    Fed. R. Civ. P. 23.1   Cited 1,952 times   27 Legal Analyses
    Requiring only that the plaintiff allege demand futility "with particularity"
  19. Section 2072 - Rules of procedure and evidence; power to prescribe

    28 U.S.C. § 2072   Cited 1,805 times   37 Legal Analyses
    Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases
  20. Section 78p - Directors, officers, and principal stockholders

    15 U.S.C. § 78p   Cited 861 times   17 Legal Analyses
    Recognizing that information obtained by a director could be used in his capacity as a shareholder
  21. Section 270.8b-1 - Scope of Sections 270.8b-1 through 270.8b-31

    17 C.F.R. § 270.8b-1

    The rules contained in §§ 270.8b-1 through 270.8b-31 shall govern all registration statements pursuant to section 8 of the Act (15 U.S.C. 80a-8 ), including notifications of registration pursuant to section 8(a), and all reports pursuant to section 30(a) or (b) of the Act (15 U.S.C. 80a-29(a) or (b) ), including all amendments to such statements and reports, except that any provision in a form covering the same subject matter as any such rule shall be controlling. 17 C.F.R. §270.8b-1 83 FR 40880

  22. Section 270.18f-2 - Fair and equitable treatment for holders of each class or series of stock of series investment companies

    17 C.F.R. § 270.18f-2

    (a) For purposes of this § 270.18f-2 a series company is a registered open-end investment company which, in accordance with the provisions of section 18(f)(2) of the Act, issues two or more classes or series of preferred or special stock each of which is preferred over all other classes or series in respect of assets specifically allocated to that class or series. Any matter required to be submitted by the provisions of the Act or of applicable State law, or otherwise, to the holders of the outstanding