626 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,484 times 279 Legal Analyses
Holding 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 267,331 times 365 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' "
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 27,900 times 138 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Lewis v. Casey
518 U.S. 343 (1996) Cited 14,309 times 5 Legal Analyses
Holding that a prisoner must show an actual injury to state a claim for denial of access to courts
Papasan v. Allain
478 U.S. 265 (1986) Cited 16,702 times 6 Legal Analyses
Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
Amchem Prods., Inc. v. Windsor
521 U.S. 591 (1997) Cited 6,963 times 69 Legal Analyses
Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval
Daimlerchrysler Corp. v. Cuno
547 U.S. 332 (2006) Cited 2,660 times 7 Legal Analyses
Holding that an injury a plaintiff "suffers in some indefinite way in common with people generally" is not a cognizable injury-in-fact
Warth v. Seldin
422 U.S. 490 (1975) Cited 11,886 times 14 Legal Analyses
Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 16,867 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
Los Angeles v. Lyons
461 U.S. 95 (1983) Cited 7,522 times 13 Legal Analyses
Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold
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 346,675 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,772 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,974 times 317 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,993 times 1236 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"
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 28,349 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Rule 78 - Hearing Motions; Submission on Briefs
Fed. R. Civ. P. 78 Cited 22,370 times
Providing that court may decide motions on written statements of reasons in support and opposition to expedite business
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,862 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 349 - Deceptive acts and practices unlawful
N.Y. Gen. Bus. Law § 349 Cited 4,814 times 106 Legal Analyses
Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"
Section 45 - Unfair methods of competition unlawful; prevention by Commission
15 U.S.C. § 45 Cited 3,857 times 563 Legal Analyses
Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"
Section 12-341.01 - Recovery of attorney fees
Ariz. Rev. Stat. § 12-341.01 Cited 2,606 times 16 Legal Analyses
Permitting an award of reasonable attorney's fees to the successful party in a contested action arising out of express or implied contract

Rael v. New York & Company, Inc. et al

626 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding that a prisoner must show an actual injury to state a claim for denial of access to courts

Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval

Holding that an injury a plaintiff "suffers in some indefinite way in common with people generally" is not a cognizable injury-in-fact

Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

Holding that a district court need not permit a curative amendment if such amendment would be futile

Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

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

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

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"

Providing that court may decide motions on written statements of reasons in support and opposition to expedite business

Prohibiting unlawful business practices

Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"

Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"

Permitting an award of reasonable attorney's fees to the successful party in a contested action arising out of express or implied contract