Bell Atl. Corp. v. Twombly

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' "

Erickson v. Pardus

Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Swierkiewicz v. Sorema N.A.

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"

Guz v. Bechtel National, Inc.

Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

Affiliated Ute Citizens v. United States

Holding bank jointly and severally liable with its employees, without explanation

Sparling v. Daou

Holding that scienter is an element of § 10(b) claim

Lazar v. Superior Court

Holding that justifiable reliance is a required element of a fraud claim

In re Glenfed, Inc. Securities Litigation

Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."

Odom v. Microsoft Corp.

Holding that plaintiffs had sufficiently alleged an association-in-fact enterprise of two corporations

Engalla v. Permanente Med. Grp., Inc.

Holding that a party's "course of delay" in performing the terms of the contract, when "unreasonable or undertaken in bad faith, may provide sufficient grounds" for a finding of waiver

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Rule 9 - Pleading Special Matters

Requiring that fraud be pleaded with particularity

Section 1601 - Congressional findings and declaration of purpose

Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”

Section 1654 - Interpretation against party causing uncertainty

Codifying the doctrine of contra proferentem

Section 330 - Definition

Defining "concealment" as "[n]eglect to communicate that which a party knows, and ought to communicate"

Section 51.6 - Gender Tax Repeal Act of 1985

Section 2889.5 - Change in provider of telephone service for which competition authorized

Section 226.2 - Definitions and rules of construction

Defining "consumer credit"

Section 226.17 - General disclosure requirements

Requiring that consumer receive a copy of TILA disclosures

Section 226.18 - Content of disclosures

Listing the required disclosures for variable rate

Section 226.19 - Certain mortgage and variable-rate transactions

Requiring that disclosures in mortgage transactions be delivered "not later than the third business day after the creditor receives the consumer's written application"

Section 226.22 - Determination of annual percentage rate

Stating that the annual percentage rate "is a measure of the cost of credit . . . that relates the amount and timing of value received by the consumer to the amount and timing of payments made"

Section 226.30 - Limitation on rates