26 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. Foman v. Davis

    371 U.S. 178 (1962)   Cited 29,475 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
  4. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,334 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile
  5. Hedges v. U.S.

    404 F.3d 744 (3d Cir. 2005)   Cited 3,005 times
    Holding the SIAA's two-year statute of limitations, previously codified at 46 U.S.C. § 745, was not jurisdictional and therefore subject to equitable tolling
  6. Pinker v. Roche Holdings Ltd.

    292 F.3d 361 (3d Cir. 2002)   Cited 2,398 times
    Holding that in ruling on a Rule 12(b) motion we must accept all of the plaintiff's allegations as true and construct disputed facts in favor of the plaintiff.
  7. Kehr Packages, Inc. v. Fidelcor, Inc.

    926 F.2d 1406 (3d Cir. 1991)   Cited 2,048 times
    Holding that the RlCO-continuity analysis of an allegedly fraudulent scheme must focus on "the instances of deceit constituting the underlying fraudulent scheme"
  8. Adams v. Gould Inc.

    739 F.2d 858 (3d Cir. 1984)   Cited 880 times
    Holding that "the mere passage of time, without more, does not require that a motion to amend a complaint be denied"
  9. Borelli v. City of Reading

    532 F.2d 950 (3d Cir. 1976)   Cited 1,062 times
    Holding that an order dismissing a complaint without prejudice ordinarily is neither final nor appealable
  10. Portee v. Jaffee

    84 N.J. 88 (N.J. 1980)   Cited 296 times   4 Legal Analyses
    Finding sufficient degree of severity where mother grew so despondent after seeing her son die while trapped in an elevator that she became severely depressed and attempted suicide
  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. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 114,655 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
  14. 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
  15. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,849 times   199 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
  16. Section 2A:58C-1 - Findings; definitions

    N.J. Stat. § 2A:58C-1   Cited 479 times   14 Legal Analyses
    Defining "[h]arm" as, inter alia, "physical damage to property, other than to the product itself"
  17. Section 2A:58C-5 - Punitive damages under food and drug product liability, limitation

    N.J. Stat. § 2A:58C-5   Cited 85 times   2 Legal Analyses
    Banning punitive damages in products liability actions where the FDA has approved the product
  18. Section 807.87 - Information required in a premarket notification submission

    21 C.F.R. § 807.87   Cited 53 times   3 Legal Analyses

    Each premarket notification submission shall contain the following information: (a) The device name, including both the trade or proprietary name and the common or usual name or classification name of the device. (b) The establishment registration number, if applicable, of the owner or operator submitting the premarket notification submission. (c) The class in which the device has been put under section 513 of the act and, if known, its appropriate panel; or, if the owner or operator determines that

  19. Section 803.1 - What does this part cover?

    21 C.F.R. § 803.1   Cited 30 times   2 Legal Analyses
    Establishing requirements for medical device reporting