Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,544 times 279 Legal AnalysesHolding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,461 times 365 Legal AnalysesHolding 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' "
VRG Corp. v. GKN Realty Corp.
135 N.J. 539 (N.J. 1994) Cited 527 timesHolding unjust enrichment requires a showing that Plaintiff "expected remuneration from the defendant at the time [he] performed or conferred a benefit on defendant and that the failure of remuneration enriched defendant beyond its contractual rights"
Weichert Co. Realtors v. Ryan
128 N.J. 427 (N.J. 1992) Cited 453 timesHolding that commercial real estate broker could not establish that an implied contract to pay brokerage commission existed because buyer "not only withheld his assent to the terms of the offer, declining to sign [letter specifying brokerage commission], but also expressed some reluctance about agreeing to pay the full commission on closing."
Spanish Broadcasting v. Clear Channel Comm
376 F.3d 1065 (11th Cir. 2004) Cited 131 timesFinding that because misrepresentations only harmed a competitor and not competition, they were not actionable under the antitrust statutes
Starkey v. Nicolaysen
172 N.J. 60 (N.J. 2002) Cited 105 timesFinding the execution of a fee agreement thirty-three months after representation has commenced is not within a reasonable time as required by RPC 1.5(b)
Broyde v. Gotham Tower, Inc.
13 F.3d 994 (6th Cir. 1994) Cited 130 timesAffirming dismissal of nuisance suit regarding interference with home electronic equipment because RFI fell within FCC's exclusive jurisdiction over radio transmission technical matters
Wanaque Borough Sewerage Auth. v. West Milford
144 N.J. 564 (N.J. 1996) Cited 117 timesIn Wanaque Borough Sewerage Authority v. Township of West Milford, 144 N.J. 564, 574 (1996), the New Jersey Supreme Court held that "contracts implied in fact are no different than express contracts, although they exhibit a different way or form of expressing assent than through statements or writings.
Callano v. Oakwood Park Homes Corp.
91 N.J. Super. 105 (App. Div. 1966) Cited 191 times 1 Legal AnalysesHolding that “quasi-contract cases involve either some direct relationship between the parties or a mistake on the part of the person conferring the benefit” and therefore “ plaintiff is not entitled to employ the legal fiction of quasi-contract to substitute one promisor or debtor for another.”
Kopin v. Orange Products, Inc.
297 N.J. Super. 353 (App. Div. 1997) Cited 68 timesHolding that a quantum meruit action by an employee is not barred by an earlier resort to Wage Collection Division
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,116 times 193 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."