19 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,377 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,313 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' "
Alston v. Parker
363 F.3d 229 (3d Cir. 2004) Cited 3,274 times
Holding that “if a complaint is vulnerable to 12(b) dismissal, a District Court must permit a curative amendment, unless an amendment would be inequitable or futile”
Schneider v. California Department of Corr
151 F.3d 1194 (9th Cir. 1998) Cited 1,333 times 1 Legal Analyses
Holding inmates “possess a constitutionally cognizable property interest” in the interest earned on money held in their prison accounts
Palakovic v. Wetzel
854 F.3d 209 (3d Cir. 2017) Cited 678 times
Holding conditions of solitary confinement were inhumane for Palakovic "in light of his mental illness"
Mills v. Polar Molecular Corp.
12 F.3d 1170 (2d Cir. 1993) Cited 1,540 times 1 Legal Analyses
Holding that fraudulent intent could not be inferred from the defendant entering multiple contracts with a plaintiff and not performing on any of them since "[c]ontractual breach, in and of itself, does not bespeak fraud"
Fonte v. Bd. of Mgers. of Cont. Towers Condo
848 F.2d 24 (2d Cir. 1988) Cited 377 times
Holding that a district court may convert a FRCP 12(b) motion to one for summary judgment as long as all parties are granted an opportunity to submit supporting material
Eli Lilly & Co. v. Roussel Corp.
23 F. Supp. 2d 460 (D.N.J. 1998) Cited 224 times
Holding that dismissal of underlying cause of action requires dismissal of conspiracy claim
Rowland v. Demery
469 U.S. 1127 (1985) Cited 100 times
Noting the question of whether the Federal Arbitration Act ("FAA") bars a court from issuing a preliminary injunction in a case subject to arbitration has divided the state and federal courts
Henthorn v. Dep't of Navy
29 F.3d 682 (D.C. Cir. 1994) Cited 216 times
Holding that prisoner who was legally required to work and whose compensation was set and paid by prison was not employee under FLSA
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 345,529 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

Search Marketing Group, Inc. v. Junk A Car, Inc. et al

19 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 “if a complaint is vulnerable to 12(b) dismissal, a District Court must permit a curative amendment, unless an amendment would be inequitable or futile”

Holding inmates “possess a constitutionally cognizable property interest” in the interest earned on money held in their prison accounts

Holding conditions of solitary confinement were inhumane for Palakovic "in light of his mental illness"

Holding that fraudulent intent could not be inferred from the defendant entering multiple contracts with a plaintiff and not performing on any of them since "[c]ontractual breach, in and of itself, does not bespeak fraud"

Holding that a district court may convert a FRCP 12(b) motion to one for summary judgment as long as all parties are granted an opportunity to submit supporting material

Holding that dismissal of underlying cause of action requires dismissal of conspiracy claim

Noting the question of whether the Federal Arbitration Act ("FAA") bars a court from issuing a preliminary injunction in a case subject to arbitration has divided the state and federal courts

Holding that prisoner who was legally required to work and whose compensation was set and paid by prison was not employee under FLSA

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss