29 Cited authorities

  1. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,796 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"
  2. Eastman Kodak Co. v. Image Technical Services, Inc.

    504 U.S. 451 (1992)   Cited 2,291 times   16 Legal Analyses
    Holding that "it is clearly reasonable to infer that [the defendant] has market power to raise prices and drive out competition in the aftermarkets" for service and parts despite an undisputed lack of market power in the initial product
  3. Continental T. V., Inc. v. GTE Sylvania Inc.

    433 U.S. 36 (1977)   Cited 991 times   15 Legal Analyses
    Holding that vertical nonprice restraints are subject to the rule of reason
  4. Total Benefits Planning v. Anthem Blue Cross

    552 F.3d 430 (6th Cir. 2008)   Cited 1,050 times   2 Legal Analyses
    Affirming dismissal of complaint that defendants conspired to defame and libel plaintiffs because allegations offered “no factual description of the substance of the statements or who made the statements that ‘defamed and libeled,’ ‘coerced and threatened,’ and ‘blacklisted’ Plaintiffs”
  5. Illinois Tool Works Inc. v. Independent Ink, Inc.

    547 U.S. 28 (2006)   Cited 231 times   19 Legal Analyses
    Holding that separate markets existed for software and hardware even when they were always bundled together
  6. Pepsico, Inc. v. Coca-Cola Co.

    315 F.3d 101 (2d Cir. 2002)   Cited 661 times
    Holding that the plaintiff had failed to provide sufficient evidence of market power where the defendant had only a 64 percent market share
  7. Klor's v. Broadway-Hale Stores

    359 U.S. 207 (1959)   Cited 735 times   2 Legal Analyses
    Holding boycott unlawful when appliance manufacturers and distributors agreed that distributors would not sell to one retailer at another retailer's request
  8. Queen City Pizza, Inc. v. Domino's Pizza, Inc.

    124 F.3d 430 (3d Cir. 1997)   Cited 445 times   4 Legal Analyses
    Holding that a product market consisting of interchangeable goods — pizza sauce, dough, and paper cups — cannot be subdivided by contractual restraints that require a franchisee to purchase these goods from a certain supplier — Domino's
  9. K.M.B. Warehouse v. Walker Mfg. Co.

    61 F.3d 123 (2d Cir. 1996)   Cited 155 times
    Finding no evidence of adverse effects where plaintiff "failed to come forward with any evidence that defendants' actions adversely affected service, quality or price market-wide."
  10. Hack v. President & Fellows of Yale College

    237 F.3d 81 (2d Cir. 2000)   Cited 133 times   1 Legal Analyses
    Holding that Yale College's charter, recognized in Connecticut's constitution, was a "special law"
  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 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
  12. Section 1292 - Interlocutory decisions

    28 U.S.C. § 1292   Cited 22,327 times   195 Legal Analyses
    Granting appellate jurisdiction over certain types of interlocutory orders