45 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 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 276,716 times   369 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. American Pipe Construction Co. v. Utah

    414 U.S. 538 (1974)   Cited 2,155 times   163 Legal Analyses
    Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"
  4. Cigna Healthcare of Conn. v. Napoletano

    520 U.S. 1103 (1997)   Cited 247 times

    No. 96-968. March 3, 1997. Sup. Ct. Conn. Certiorari denied. Reported below: 238 Conn. 216, 680 A. 2d 127.

  5. IN RE STAC ELECTRONICS SECURITIES LITIGATION

    89 F.3d 1399 (9th Cir. 1996)   Cited 818 times
    Holding securities section 11 claims sounding in fraud are subject to Rule 9(b) particularity requirements
  6. Wagner v. First Horizon Pharmaceutical

    464 F.3d 1273 (11th Cir. 2006)   Cited 464 times
    Holding that district courts have a "supervisory obligation to sua sponte order repleading pursuant to Federal Rule of Civil Procedure 12(e) when a shotgun complaint fails to link adequately a cause of action to its factual predicates"
  7. Admiralty Fund v. Hugh Johnson Co.

    677 F.2d 1301 (9th Cir. 1982)   Cited 823 times
    Holding that time limitation in section 13 of the Securities and Exchange Act of 1934 did not allow for equitable tolling
  8. Alpern v. Utilicorp United, Inc.

    84 F.3d 1525 (8th Cir. 1996)   Cited 377 times   1 Legal Analyses
    Holding that typicality means that there are "other members of the class who have the same or similar grievances as the plaintiff" and that "[f]actual variations in the individual claims will not normally preclude class certification if the claim arises from the same event or course of conduct as the class claims, and gives rise to the same legal or remedial theory"
  9. Guerrero v. RJM Acquisitions LLC

    499 F.3d 926 (9th Cir. 2007)   Cited 254 times   1 Legal Analyses
    Holding that “communications directed only to a debtor's attorney, and unaccompanied by any threat to contact the debtor, are not actionable under the [FDCPA]” (footnote omitted)
  10. Immigrant Assistance Project of the Los Angeles County Federation of Labor v. Immigration & Naturalization Service

    306 F.3d 842 (9th Cir. 2002)   Cited 232 times
    Holding that where an injunction provided relief to certain class members, we had pendent jurisdiction to review the certification of the class as to those members because the district court had to certify the class before granting the class members injunctive relief
  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 357,835 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 93,795 times   92 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
  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,880 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity
  15. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,131 times   86 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing
  16. Section 11 - Forfeiture of property in transit

    15 U.S.C. § 11   Cited 24 times

    Any property owned under any contract or by any combination, or pursuant to any conspiracy, and being the subject thereof, mentioned in section 8 of this title, imported into and being within the United States or being in the course of transportation from one State to another, or to or from a Territory or the District of Columbia, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property

  17. Section 229.512 - (Item 512) Undertakings

    17 C.F.R. § 229.512   Cited 39 times   1 Legal Analyses
    Stating that the SEC's position is that indemnification to officers and directors for liabilities arising under the Securities Act is against public policy and such indemnification is unenforceable, with the exception for expenses incurred in successful defense of any action