14 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 times   280 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 268,776 times   367 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. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,866 times   20 Legal Analyses
    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"
  4. Cruz v. Beto

    405 U.S. 319 (1972)   Cited 5,484 times   1 Legal Analyses
    Holding that a Buddhist prisoner stated a claim under the First and Fourteenth Amendments when he alleged that he was placed in solitary confinement for proselytizing, while inmates of other religions were encouraged to participate in religious programs
  5. Carroll v. Fort James Corp.

    470 F.3d 1171 (5th Cir. 2006)   Cited 686 times
    Holding that district courts should only dismiss claims sua sponte if the court provides notice of its "intention and an opportunity to respond"
  6. Retail Clerks v. Schermerhorn

    373 U.S. 746 (1963)   Cited 793 times
    Concluding that—under Section 14(b) and the rule announced in General Motors Corp .—states may ban "agency shop" agreements by which employees have an "obligation to pay initiation fees and regular dues, ....[w]hatever may be the status of less stringent union-security arrangements ...."
  7. Clontech Laboratories v. Invitrogen Corp.

    406 F.3d 1347 (Fed. Cir. 2005)   Cited 129 times   3 Legal Analyses
    Holding that a plaintiff must show that a defendant "did not have an honest good faith belief in marking its products"
  8. Pequignot v. Solo Cup Co.

    608 F.3d 1356 (Fed. Cir. 2010)   Cited 106 times   3 Legal Analyses
    Holding that the defendant did not falsely mark its products for purposes of deceiving the public
  9. Astec America, Inc. v. Power-One, Inc.

    CIVIL ACTION NO. 6:07-cv-464 (E.D. Tex. Apr. 11, 2008)   Cited 3 times
    Denying defendant's motion to dismiss and finding that "[t]he issues of whether [defendant]'s practice of marking its products with the 'one or more' language constitutes false marking . . . turns on whether [plaintiff] can show that [defendant] implemented this marking practice with the intent to deceive the public."
  10. 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 348,310 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,506 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,098 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity
  13. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,245 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system
  14. Section 292 - False marking

    35 U.S.C. § 292   Cited 565 times   61 Legal Analyses
    Providing cause of action and share of recovery against a person falsely marking patented articles