23 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,202 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 268,948 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' "
Associated General Contractors v. Carpenters
459 U.S. 519 (1983) Cited 5,059 times 34 Legal Analyses
Holding that a union lacked standing to sue for injuries passed on to it by intermediaries
Elevator Antitrust v. United Tech
502 F.3d 47 (2d Cir. 2007) Cited 807 times 3 Legal Analyses
Holding that allegations of conspiratorial activity “in entirely general terms without any specification of any particular activities by any particular defendant ... was nothing more than a list of theoretical possibilities, which one could postulate without knowing any facts whatever”
Peñalbert-Rosa v. Fortuño-Burset
631 F.3d 592 (1st Cir. 2011) Cited 364 times
Holding insufficient bald assertions that defendants, by virtue of their positions, “participated” in or “approve[d]” of adverse employment action
In re Travel Agent Com'n. Antst. Litig
583 F.3d 896 (6th Cir. 2009) Cited 357 times
Holding that plaintiffs' claims relying on "indeterminate assertions" that "defendants" or "defendants' executives" participated in the alleged conspiracy were insufficient under Twombly
Alternative System Concepts, Inc. v. Synopsys
374 F.3d 23 (1st Cir. 2004) Cited 383 times 1 Legal Analyses
Holding that a party could not avoid judicial estoppel by failing to discover "readily available" information
North American Catholic Educ. v. Cardinale
567 F.3d 8 (1st Cir. 2009) Cited 199 times
Holding that the particularity requirement applies not only to actual fraud claims but also to "associated claims where the core allegations effectively charge fraud"
Pruell v. Caritas Christi
678 F.3d 10 (1st Cir. 2012) Cited 176 times 2 Legal Analyses
Holding a simple statement that plaintiffs worked more than forty hours per week was inadequate to establish a FLSA claim where the complaint lacked examples or estimates of unpaid time to substantiate the claim
Hayduk v. Lanna
775 F.2d 441 (1st Cir. 1985) Cited 324 times
Holding that "dismissal of the counts after plaintiffs had two opportunities to amend their complaint was well within the discretion of the district court especially since the plaintiffs were notified before amending a second time" that the allegations in their first amended complaint were inadequate
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 348,503 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 39,110 times 321 Legal Analyses
Requiring that fraud be pleaded with particularity

Santiago Mendez v. Autoridad DE Energia Electrica DE Puerto Rico et al

23 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 a union lacked standing to sue for injuries passed on to it by intermediaries

Holding that allegations of conspiratorial activity “in entirely general terms without any specification of any particular activities by any particular defendant ... was nothing more than a list of theoretical possibilities, which one could postulate without knowing any facts whatever”

Holding insufficient bald assertions that defendants, by virtue of their positions, “participated” in or “approve[d]” of adverse employment action

Holding that plaintiffs' claims relying on "indeterminate assertions" that "defendants" or "defendants' executives" participated in the alleged conspiracy were insufficient under Twombly

Holding that a party could not avoid judicial estoppel by failing to discover "readily available" information

Holding that the particularity requirement applies not only to actual fraud claims but also to "associated claims where the core allegations effectively charge fraud"

Holding a simple statement that plaintiffs worked more than forty hours per week was inadequate to establish a FLSA claim where the complaint lacked examples or estimates of unpaid time to substantiate the claim

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