44 Cited authorities

Erickson v. Pardus
551 U.S. 89 (2007) Cited 66,307 times 3 Legal Analyses
Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,565 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"
Foman v. Davis
371 U.S. 178 (1962) Cited 30,056 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Gomez v. Toledo
446 U.S. 635 (1980) Cited 5,550 times 1 Legal Analyses
Holding that defendant bears burden of pleading defenses
Edwards v. City of Goldsboro
178 F.3d 231 (4th Cir. 1999) Cited 6,885 times 2 Legal Analyses
Holding that First Amendment rights of an off-duty officer communicating about concealed weapons were sufficiently established by precedent regarding off-duty officer's entertainment performances
Goodman v. Praxair
494 F.3d 458 (4th Cir. 2007) Cited 1,840 times 1 Legal Analyses
Holding that the district court erred by dismissing the complaint under Rule 12(b) as time-barred where the complaint did not allege facts sufficiently clear to conclude that the statute of limitations had run
Alvin v. Suzuki
227 F.3d 107 (3d Cir. 2000) Cited 1,444 times
Holding "amendment is futile if the amended complaint would not survive a motion to dismiss for failure to state a claim upon which relief could be granted"
Johnson v. Buckley
356 F.3d 1067 (9th Cir. 2004) Cited 783 times
Holding that, in considering whether to grant leave to amend, courts should consider whether the plaintiff has previously amended the complaint
Smith v. California
361 U.S. 147 (1959) Cited 899 times 2 Legal Analyses
Holding statute imposing strict liability for possession of obscene book in bookstore is unconstitutional
Johnson v. Oroweat Foods Co.
785 F.2d 503 (4th Cir. 1986) Cited 1,327 times
Holding that a motion for leave to amend should be denied "when the proposed amendment is clearly insufficient or frivolous on its face."
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 366,023 times 967 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 339,594 times 162 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 96,063 times 94 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
Section 230 - Protection for private blocking and screening of offensive material
47 U.S.C. § 230 Cited 1,103 times 170 Legal Analyses
In Section 230, Congress provided interactive computer services broad immunity from lawsuits seeking to hold those companies liable for publishing information provided by third parties.

Parisi et al v. Sinclair et al

44 Cited authorities

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

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"

Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

Holding that defendant bears burden of pleading defenses

Holding that First Amendment rights of an off-duty officer communicating about concealed weapons were sufficiently established by precedent regarding off-duty officer's entertainment performances

Holding that the district court erred by dismissing the complaint under Rule 12(b) as time-barred where the complaint did not allege facts sufficiently clear to conclude that the statute of limitations had run

Holding "amendment is futile if the amended complaint would not survive a motion to dismiss for failure to state a claim upon which relief could be granted"

Holding that, in considering whether to grant leave to amend, courts should consider whether the plaintiff has previously amended the complaint

Holding statute imposing strict liability for possession of obscene book in bookstore is unconstitutional

Holding that a motion for leave to amend should be denied "when the proposed amendment is clearly insufficient or frivolous on its face."

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

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

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

In Section 230, Congress provided interactive computer services broad immunity from lawsuits seeking to hold those companies liable for publishing information provided by third parties.