24 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,388 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' "
  2. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,941 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"
  3. Hishon v. King Spalding

    467 U.S. 69 (1984)   Cited 12,478 times   7 Legal Analyses
    Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job
  4. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

    507 U.S. 163 (1993)   Cited 5,141 times   2 Legal Analyses
    Holding that there is no heightened pleading requirement in § 1983 suits against municipalities
  5. Tannenbaum v. U.S.

    148 F.3d 1262 (11th Cir. 1998)   Cited 2,793 times
    Holding that pro se pleadings "are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed"
  6. Kaiser Aluminum, Etc. v. Avondale Shipyards

    677 F.2d 1045 (5th Cir. 1982)   Cited 1,984 times   2 Legal Analyses
    Holding that, when a counterclaim showed that a contract was executed outside the limitations period, the "counterclaim on its face appears to reveal the existence of an affirmative defense to it, which would make the granting of a Rule 12(b) dismissal proper"
  7. Peter F. Gaito Architecture, LLC v. Simone Development Corp.

    602 F.3d 57 (2d Cir. 2010)   Cited 440 times   2 Legal Analyses
    Holding that "generalized notions of where to place functional elements" are insufficient to establish substantial similarity of protected expression
  8. Apple Inc. v. Samsung Elecs. Co.

    727 F.3d 1214 (Fed. Cir. 2013)   Cited 392 times
    Holding that detailed product-specific financial information, including costs, sales and profits merited sealing as confidential information
  9. Mazer v. Stein

    347 U.S. 201 (1954)   Cited 461 times   13 Legal Analyses
    Holding that "statuettes of male and female dancing figures made of semivitreous china" are copyrightable despite their use as bases for table lamps
  10. Campbell v. Wells Fargo Bank, N.A.

    781 F.2d 440 (5th Cir. 1986)   Cited 539 times
    Holding that non-customers do not, per se, lack standing to bring an action pursuant to Section 1975
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 158,445 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,246 times   323 Legal Analyses
    Requiring that fraud be pleaded with particularity