35 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 256,412 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,095 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 16,932 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,233 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
  5. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,714 times   505 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”
  6. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,390 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity
  7. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,720 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"
  8. Shady Grove Orthopedic v. Allstate Ins. Co.

    559 U.S. 393 (2010)   Cited 1,170 times   44 Legal Analyses
    Holding that rules of civil procedure allowing multiple claims to be litigated together "neither change plaintiffs' separate entitlements to relief nor abridge defendants' rights; they alter only how the claims are processed"
  9. American Pipe Construction Co. v. Utah

    414 U.S. 538 (1974)   Cited 2,129 times   162 Legal Analyses
    Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"
  10. Directv, Inc. v. Tyreesh

    487 F.3d 471 (6th Cir. 2007)   Cited 2,337 times
    Holding that Kentucky's taxing scheme designed to attract certain kinds of business did not violate the dormant Commerce Clause
  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 349,819 times   936 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 158,269 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,244 times   1237 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  14. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,611 times   188 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
  15. Section 1407 - Multidistrict litigation

    28 U.S.C. § 1407   Cited 7,077 times   105 Legal Analyses
    Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts
  16. Section 2072 - Rules of procedure and evidence; power to prescribe

    28 U.S.C. § 2072   Cited 1,816 times   37 Legal Analyses
    Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases