24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. 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
  3. Patane v. Clark

    508 F.3d 106 (2d Cir. 2007)   Cited 1,615 times   3 Legal Analyses
    Holding plaintiff adequately pleaded Title VII retaliation because she "allege[d] that she specifically overheard [defendant's employees] conspiring to drive her out of her job and that [one employee] issued a negative performance review that specifically complain[ed] about her attitude towards [him]," and therefore her allegation of causal connection was "not based only—or even primarily—on temporal proximity"
  4. Boykin v. Keycorp

    521 F.3d 202 (2d Cir. 2008)   Cited 1,340 times   1 Legal Analyses
    Holding that when a plaintiff proceeds pro se, the district court "is obliged to construe his pleadings liberally" and noting that "the dismissal of a pro se claim as insufficiently pleaded is appropriate only in the most unsustainable of cases."
  5. VLIW Tech., LLC v. Hewlett-Packard Co.

    840 A.2d 606 (Del. 2003)   Cited 654 times
    Holding to survive motion to dismiss claim for breach of contract, plaintiff must demonstrate "resultant damage"
  6. Kuroda v. SPJS Holdings, L.L.C

    971 A.2d 872 (Del. Ch. 2009)   Cited 500 times   1 Legal Analyses
    Holding that since “unjust enrichment cannot be used to circumvent basic contract principles recognizing that a person not a party to a contract cannot be held liable to it,” the plaintiff “cannot use a claim for unjust enrichment to extend the obligations of a contract” with an LLC to the LLC's individual members “who are not parties to the contract”
  7. Mills v. Foremost Ins. Co.

    511 F.3d 1300 (11th Cir. 2008)   Cited 229 times   1 Legal Analyses
    Holding that victims of Hurricane Frances had class representative standing to represent victims of other hurricanes that had hit Florida that year in suit against insurance company for breach of contract because the absent class members' claims were "identical" to those brought by the named plaintiffs
  8. Vanderbilt Income & Growth Associates, L.L.C. v. Arvida/JMB Managers, Inc.

    691 A.2d 609 (Del. 1996)   Cited 216 times
    Holding that the trial court may consider documents submitted by the defendant on a motion to dismiss solely for a non-hearsay purpose and therefore may not rely on factual assertions in the documents for the truth of the matter asserted
  9. Genesee Cnty. Employees' Ret. System v. Thornburg Mortg. Sec. Trust 2006-3

    825 F. Supp. 2d 1082 (D.N.M. 2011)   Cited 118 times
    Holding that standing is not tranche-based
  10. Public Employees' Retirement System of Mississippi v. Merrill Lynch & Co., Inc.

    277 F.R.D. 97 (S.D.N.Y. 2011)   Cited 63 times
    Finding superiority where "there is no overwhelming interest by class members to proceed individually" and where "only two investors" of more than 1,600 were independently pursuing claims
  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. Section 77 - Discrimination against neutral Americans in time of war

    15 U.S.C. § 77   Cited 1,809 times   12 Legal Analyses
    Granting right of recovery to " any person acquiring such security (unless it is proved that at the time of such acquisition he knew of such untruth or omission)"
  13. Section 77aaa - Short title

    15 U.S.C. § 77aaa   Cited 151 times

    This subchapter may be cited as the "Trust Indenture Act of 1939." 15 U.S.C. § 77aaa May 27, 1933, ch. 38, title III, §301, as added Aug. 3, 1939, ch. 411, 53 Stat. 1149. STATUTORY NOTES AND RELATED SUBSIDIARIES SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-550, §401, 104 Stat. 2721, provided that: "This title [amending sections 77ccc to 77eee, 77iii to 77rrr, and 77vvv of this title] may be cited as the 'Trust Indenture Reform Act of 1990'."