51 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. 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"
  3. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,822 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile
  4. Connick v. Myers

    461 U.S. 138 (1983)   Cited 5,862 times   15 Legal Analyses
    Holding that an employer need not "allow events to unfold to the extent that the disruption of the office and the destruction of working relationships is manifest before taking action"
  5. Krupski v. Costa Crociere S. P. A.

    560 U.S. 538 (2010)   Cited 1,267 times   2 Legal Analyses
    Holding claim relates back where plaintiff misunderstood which entity was in charge of ship that allegedly caused injury
  6. Elrod v. Burns

    427 U.S. 347 (1976)   Cited 4,219 times   7 Legal Analyses
    Holding that local government could not constitutionally base public employment opportunities on political affiliation or nonaffiliation
  7. Baldwin Cty. Welcome Ctr. v. Brown

    466 U.S. 147 (1984)   Cited 2,627 times   3 Legal Analyses
    Holding that a plaintiff "who fails to act diligently cannot invoke equitable principles to excuse that lack of diligence"
  8. Pension Benefit Guaranty Corp. v. White Consolidated Industries, Inc.

    998 F.2d 1192 (3d Cir. 1993)   Cited 6,175 times
    Holding that, when reviewing a motion to dismiss, courts consider "allegations contained in the complaint, exhibits attached to the complaint and matters of public record"
  9. Rutan v. Republican Party of Illinois

    497 U.S. 62 (1990)   Cited 1,273 times
    Holding that Elrod–Branti doctrine also applies to “promotion, transfer, recall, and hiring decisions”
  10. Evancho v. Fisher

    423 F.3d 347 (3d Cir. 2005)   Cited 3,234 times
    Holding that liability under § 1983 may not be based solely on doctrine of respondeat superior
  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. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,409 times   134 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  14. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,531 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
  15. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,771 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
  16. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,923 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  17. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,814 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
  18. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,879 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires
  19. Rule 4:69 - Actions in Lieu of Prerogative Writs

    N.J. Ct. R. 4:69   Cited 41 times

    Rule 4:69-1. Actions in Superior Court, Law Division Review, hearing and relief heretofore available by prerogative writs and not available under R. 2:2-3 or R. 8:2 shall be afforded by an action in the Law Division, Civil Part, of the Superior Court. The complaint shall bear the designation "In Lieu of Prerogative Writs". Rule 4:69-2. Motion for Summary Judgment If the complaint demands the performance of a ministerial act or duty, the plaintiff may, at any time after the filing of the complaint