53 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,123 times 280 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 268,865 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' "
Foman v. Davis
371 U.S. 178 (1962) Cited 28,820 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 16,935 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
Fowler v. UPMC Shadyside
578 F.3d 203 (3d Cir. 2009) Cited 14,158 times 4 Legal Analyses
Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"
In re Burlington Coat Factory
114 F.3d 1410 (3d Cir. 1997) Cited 7,709 times 4 Legal Analyses
Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss
Frederico v. Home Depot
507 F.3d 188 (3d Cir. 2007) Cited 2,228 times 8 Legal Analyses
Holding a dismissal order "without prejudice" was a final order because the plaintiff elected to stand on her original complaint rather than amend or refile it
In re Rockefeller Center Properties, Inc.
311 F.3d 198 (3d Cir. 2002) Cited 1,350 times
Holding that a plaintiff must set forth the "who, what, when, where, and how" of the alleged fraud
Sprague v. General Motors Corp.
133 F.3d 388 (6th Cir. 1998) Cited 1,014 times 9 Legal Analyses
Holding that the principle that the terms of the SPD control when they conflict with the terms of the underlying plan does not apply when the SPD is merely silent on an issue because "[a]n omission from the summary plan description does not, by negative implication, alter the terms of the plan itself"
Metcalfe v. Renaissance Marine
566 F.3d 324 (3d Cir. 2009) Cited 658 times 1 Legal Analyses
Holding that the plaintiffs ought to have the opportunity to conduct personal discovery, where the plaintiffs' claim was not frivolous and they were "faced with the difficult task of trying to establish personal jurisdiction over a corporation"
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 348,416 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,105 times 320 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 56:8-1 - Applicability of C.56:8-1 et seq
N.J. Stat. § 56:8-1 Cited 2,090 times 56 Legal Analyses
Defining "merchandise" under the PLA as "any objects, wares, goods, commodities, services or anything offered, directly or indirectly to the public for sale"

Register v. Gnc Holdings, Inc.

53 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 an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

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

Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

Holding a dismissal order "without prejudice" was a final order because the plaintiff elected to stand on her original complaint rather than amend or refile it

Holding that a plaintiff must set forth the "who, what, when, where, and how" of the alleged fraud

Holding that the plaintiffs ought to have the opportunity to conduct personal discovery, where the plaintiffs' claim was not frivolous and they were "faced with the difficult task of trying to establish personal jurisdiction over a corporation"

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

Requiring that fraud be pleaded with particularity

Defining "merchandise" under the PLA as "any objects, wares, goods, commodities, services or anything offered, directly or indirectly to the public for sale"