69 Cited authorities

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
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
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 17,232 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"
Polk County v. Dodson
454 U.S. 312 (1981) Cited 9,524 times 1 Legal Analyses
Holding that a public defender does not act "under color of state law" because he "works under canons of professional responsibility that mandate his exercise of independent judgment on behalf of the client" and because there is an "assumption that counsel will be free of state control"
H. J. Inc. v. Northwestern Bell Telephone Co.
492 U.S. 229 (1989) Cited 3,674 times 9 Legal Analyses
Holding that the continuity prong can be met by showing that related predicate offenses continued over a substantial period of time or posed a threat of continuing activity
Salinas v. United States
522 U.S. 52 (1997) Cited 1,229 times 12 Legal Analyses
Holding that the canon of construction requiring a clear statement to alter the federal-state balance of criminal jurisdiction "does not warrant a departure from terms" where the statute's "text . . . is unambiguous on the point under consideration"
Rotella v. Wood
528 U.S. 549 (2000) Cited 937 times 4 Legal Analyses
Holding RICO claims accrue upon a plaintiff's discovery of their injury, not discovery of Defendants' actions
Beck v. Prupis
529 U.S. 494 (2000) Cited 550 times
Holding that in order for a RICO plaintiff to have standing he must establish that his injuries were caused by a predicate act within the meaning of 18 U.S.C. § 1962
Klehr v. A. O. Smith Corp.
521 U.S. 179 (1997) Cited 550 times 3 Legal Analyses
Holding that "reasonable diligence" was required to invoke the doctrine of fraudulent concealment in the context of civil RICO by analogy to antitrust cases
Leary v. United States
395 U.S. 6 (1969) Cited 1,290 times 6 Legal Analyses
Holding the same with respect to conviction of a natural-person taxpayer for violating a marijuana tax law that obligated the taxpayer to file a written order form with the IRS detailing the amount of marijuana received
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. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,880 times 331 Legal Analyses
Requiring that fraud be pleaded with particularity

RSM Production Corporation v. Freshfields Bruckhaus Deringer US LLP et al

69 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

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"

Holding that a public defender does not act "under color of state law" because he "works under canons of professional responsibility that mandate his exercise of independent judgment on behalf of the client" and because there is an "assumption that counsel will be free of state control"

Holding that the continuity prong can be met by showing that related predicate offenses continued over a substantial period of time or posed a threat of continuing activity

Holding that the canon of construction requiring a clear statement to alter the federal-state balance of criminal jurisdiction "does not warrant a departure from terms" where the statute's "text . . . is unambiguous on the point under consideration"

Holding RICO claims accrue upon a plaintiff's discovery of their injury, not discovery of Defendants' actions

Holding that in order for a RICO plaintiff to have standing he must establish that his injuries were caused by a predicate act within the meaning of 18 U.S.C. § 1962

Holding that "reasonable diligence" was required to invoke the doctrine of fraudulent concealment in the context of civil RICO by analogy to antitrust cases

Holding the same with respect to conviction of a natural-person taxpayer for violating a marijuana tax law that obligated the taxpayer to file a written order form with the IRS detailing the amount of marijuana received

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity