§Why CasetextPricing

Patti, et al v. Xerox Corp, et al

Memorandum in Opposition to Defendants'

37 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 63,493 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"

  3. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 17,065 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. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,952 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"

  5. Iqbal v. Hasty

    490 F.3d 143 (2d Cir. 2007)   Cited 1,832 times   1 Legal Analyses
    Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"

  6. Phelps v. Kapnolas

    308 F.3d 180 (2d Cir. 2002)   Cited 777 times
    Holding that a plaintiff pled sufficient facts to support his Eighth Amendment claim about a restricted diet he was served in SHU because he described the diet and stated that it did not "contain sufficient calories . . . to maintain [his] medical or physical health"

  7. Concha v. London

    62 F.3d 1493 (9th Cir. 1995)   Cited 889 times
    Holding that Rule 9(b) does not apply to ERISA fiduciary-duty claims

  8. Grandon v. Merrill Lynch Co., Inc.

    147 F.3d 184 (2d Cir. 1998)   Cited 397 times
    Holding that, in assessing whether markups on municipal bonds are excessive, "courts should begin with the factors set forth under MSRB (Municipal Securities Rulemaking Board) Rule G-30."

  9. Theatre Enterprises v. Paramount

    346 U.S. 537 (1954)   Cited 365 times   3 Legal Analyses
    Finding that, in antitrust context, conspiracy may be inferred from evidence of parallel behavior when combined with inferences from other facts and circumstances

  10. Twombly v. Bell Atlantic Corp.

    425 F.3d 99 (2d Cir. 2005)   Cited 222 times   3 Legal Analyses
    Holding that there is no heightened pleading standard in antitrust cases brought under Section 1 of the Sherman Act

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 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 39,551 times   328 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,548 times   173 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  14. Section 1109 - Liability for breach of fiduciary duty

    29 U.S.C. § 1109   Cited 2,517 times   10 Legal Analyses
    Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"