19 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 271,409 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 284,187 times   370 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
  3. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 243,773 times   39 Legal Analyses
    Holding that summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"
  4. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 222,793 times   41 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  5. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,680 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"
  6. Pinker v. Roche Holdings Ltd.

    292 F.3d 361 (3d Cir. 2002)   Cited 2,455 times
    Holding that in ruling on a Rule 12(b) motion we must accept all of the plaintiff's allegations as true and construct disputed facts in favor of the plaintiff.
  7. Warren General Hosp., v. Amgen Inc.

    643 F.3d 77 (3d Cir. 2011)   Cited 1,066 times
    Holding that the indirect purchaser rule applies to prescription drug sales and noting that "[b]ecause of the complicated interplay between market forced, the possibility that the wholesaler was harmed by defendant's actions exists even if the majority of the injury is borne by the indirect purchaser"
  8. In re Frescati Shipping Co.

    718 F.3d 184 (3d Cir. 2013)   Cited 46 times   1 Legal Analyses
    Declining to preclude CARCO from raising "equitable defense to the Government’s subrogation claims"
  9. Bello v. Romeo

    424 F. App'x 130 (3d Cir. 2011)   Cited 21 times
    Noting pro se litigants are required to comply with the summary judgment procedures outlined in Federal Rule of Civil Procedure 56 (citing Zilich v. Lucht, 981 F.2d 694, 696 (3d Cir. 1992))
  10. Boston Edison Co. v. Great Lakes Dredge Dock

    423 F.2d 891 (1st Cir. 1970)   Cited 14 times
    In Boston Edison Co. v. Great Lakes Dredge Dock Co., 423 F.2d 891 (CA 1 1970), the permittee argued that the exculpatory clause violated public policy, relying primarily on Bisso v. Inland Waterways Corp., 349 U.S. 85, 75 S.Ct. 629, 99 L.Ed. 911 (1955).
  11. 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 366,511 times   968 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 339,855 times   162 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 166,425 times   198 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  14. Rule 14 - Third-Party Practice

    Fed. R. Civ. P. 14   Cited 3,747 times   10 Legal Analyses
    Striking improper third-party claim is appropriate remedy
  15. Section 403 - Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in

    33 U.S.C. § 403   Cited 655 times   4 Legal Analyses
    Requiring federal permission to "excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any ... canal"
  16. Section 7101 - Definitions

    41 U.S.C. § 7101   Cited 223 times   17 Legal Analyses
    Providing that a "contactor" is "a party to a Federal Government contract other than the Federal Government"
  17. Section 1 - Regulations by Secretary of the Army for navigation of waters generally

    33 U.S.C. § 1   Cited 57 times
    Recognizing the dual aims of protection of life and property, and protection of operations in navigable channels
  18. Section 2201 - "Secretary" defined

    33 U.S.C. § 2201   Cited 24 times
    Defining the "Secretary"
  19. Section 329.11 - Geographic and jurisdictional limits of rivers and lakes

    33 C.F.R. § 329.11   Cited 19 times

    (a)Jurisdiction over entire bed. Federal regulatory jurisdiction, and powers of improvement for navigation, extend laterally to the entire water surface and bed of a navigable waterbody, which includes all the land and waters below the ordinary high water mark. Jurisdiction thus extends to the edge (as determined above) of all such waterbodies, even though portions of the waterbody may be extremely shallow, or obstructed by shoals, vegetation or other barriers. Marshlands and similar areas are thus