29 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 times 369 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
Adams v. City of Indianapolis
742 F.3d 720 (7th Cir. 2014) Cited 1,338 times 8 Legal Analyses
Holding that because separate instances of failing to promote a firefighter were identifiable, discrete acts, each “discrete discriminatory act start[ed] a new clock for filing charges alleging that act”
Camasta v. Jos. A. Bank Clothiers, Inc.
761 F.3d 732 (7th Cir. 2014) Cited 885 times 1 Legal Analyses
Holding that a plaintiff who had become aware of the defendant's allegedly deceptive practices "is not likely to be harmed by the practices in the future" and thus could not obtain injunctive relief
Pirelli Armstrong Tire Corp. v. Walgreen Co.
631 F.3d 436 (7th Cir. 2011) Cited 941 times
Holding an unjust enrichment claim to the Rule 9(b) standard
Borsellino v. Go. Sachs Gr., Inc.
477 F.3d 502 (7th Cir. 2007) Cited 637 times
Holding that claims that sound in fraud—meaning premised upon a course of fraudulent conduct—can implicate Rule 9(b)'s heightened pleading requirements
Robinson v. Toyota Motor Credit Corp.
201 Ill. 2d 403 (Ill. 2002) Cited 519 times
Holding that an unfairness determination should consider: " whether the practice offends public policy; whether it is immoral, unethical, oppressive, or unscrupulous; whether it causes substantial injury to consumers"
Hot Wax, Inc. v. Turtle Wax, Inc.
191 F.3d 813 (7th Cir. 1999) Cited 376 times 2 Legal Analyses
Finding prejudice where the defendant "could have invested its time and money in other areas or simply renamed its products" had the plaintiff brought suit sooner
Sears v. Likens
912 F.2d 889 (7th Cir. 1990) Cited 272 times
Holding that Rule 9(b) was not satisfied where "the complaint lump[ed] all the defendants together and d[id] not specify who was involved in what activity"
Conditioned Ocular Enhancement v. Bonaventura
458 F. Supp. 2d 704 (N.D. Ill. 2006) Cited 94 times
Ruling that cease and desist letters patent holder sent to alleged infringer's current and prospective customers were not "commercial advertising or promotion" within scope of Lanham Act's false or deceptive advertising provision
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 357,835 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,880 times 331 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,651 times 326 Legal Analyses
Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
Section 815 ILCS 505/2
815 ILCS 505/2 Cited 1,408 times 13 Legal Analyses
Prohibiting "[u]nfair methods of competition and unfair or deceptive acts or practices"

Pele IP Ownership LLC v. Samsung Electronics Co., Ltd. et al

29 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that because separate instances of failing to promote a firefighter were identifiable, discrete acts, each “discrete discriminatory act start[ed] a new clock for filing charges alleging that act”

Holding that a plaintiff who had become aware of the defendant's allegedly deceptive practices "is not likely to be harmed by the practices in the future" and thus could not obtain injunctive relief

Holding an unjust enrichment claim to the Rule 9(b) standard

Holding that claims that sound in fraud—meaning premised upon a course of fraudulent conduct—can implicate Rule 9(b)'s heightened pleading requirements

Holding that an unfairness determination should consider: " whether the practice offends public policy; whether it is immoral, unethical, oppressive, or unscrupulous; whether it causes substantial injury to consumers"

Finding prejudice where the defendant "could have invested its time and money in other areas or simply renamed its products" had the plaintiff brought suit sooner

Holding that Rule 9(b) was not satisfied where "the complaint lump[ed] all the defendants together and d[id] not specify who was involved in what activity"

Ruling that cease and desist letters patent holder sent to alleged infringer's current and prospective customers were not "commercial advertising or promotion" within scope of Lanham Act's false or deceptive advertising provision

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

Prohibiting "[u]nfair methods of competition and unfair or deceptive acts or practices"