23 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 times   279 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
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 times   365 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' "
  3. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,033 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries
  4. Elevator Antitrust v. United Tech

    502 F.3d 47 (2d Cir. 2007)   Cited 805 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”
  5. Peñalbert-Rosa v. Fortuño-Burset

    631 F.3d 592 (1st Cir. 2011)   Cited 361 times
    Holding insufficient bald assertions that defendants, by virtue of their positions, “participated” in or “approve[d]” of adverse employment action
  6. 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
  7. Alternative System Concepts, Inc. v. Synopsys

    374 F.3d 23 (1st Cir. 2004)   Cited 382 times   1 Legal Analyses
    Holding that a party could not avoid judicial estoppel by failing to discover "readily available" information
  8. 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"
  9. Pruell v. Caritas Christi

    678 F.3d 10 (1st Cir. 2012)   Cited 175 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
  10. Hayduk v. Lanna

    775 F.2d 441 (1st Cir. 1985)   Cited 323 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
  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 345,981 times   922 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,931 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"