47 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,629 times 366 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' "
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 16,859 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"
Papasan v. Allain
478 U.S. 265 (1986) Cited 16,783 times 6 Legal Analyses
Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,634 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Morales v. Trans World Airlines, Inc.
504 U.S. 374 (1992) Cited 1,710 times 11 Legal Analyses
Holding that guidelines on airfare advertising were "related to" the rates, routes, or services of an air carrier given that every guideline makes "express reference to [air]fares"
E.E.O.C. v. Concentra Health
496 F.3d 773 (7th Cir. 2007) Cited 2,741 times 2 Legal Analyses
Holding that a plaintiff alleging retaliation under Title VII "must provide some specific description" of the protected activity
Killingsworth v. HSBC Bank Nevada, N.A.
507 F.3d 614 (7th Cir. 2007) Cited 1,231 times 1 Legal Analyses
Finding that plaintiffs sufficiently alleged a willful violation where plaintiffs asserted that defendant violated the FCRA and did so willingly
Avery v. State Farm
216 Ill. 2d 100 (Ill. 2005) Cited 752 times 6 Legal Analyses
Holding claims of non-Illinois plaintiffs insufficient where the only connection to Illinois is the headquarters of the defendant and the fact that a scheme "was disseminated" from Illinois
Connick v. Suzuki Motor Co.
174 Ill. 2d 482 (Ill. 1996) Cited 957 times 4 Legal Analyses
Holding that statements "not made by Suzuki but by Suzuki dealers . . . cannot be the basis of a common law fraud count against Suzuki unless plaintiffs have adequately alleged that the dealers were the agents of Suzuki"
McCready v. eBay, Inc.
453 F.3d 882 (7th Cir. 2006) Cited 580 times
Holding that without any indication that eBay acted in any fashion other than good faith, its compliance fell squarely within the statutory good-faith defense
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 348,148 times 927 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 815 ILCS 505/2
815 ILCS 505/2 Cited 1,390 times 13 Legal Analyses
Prohibiting "[u]nfair methods of competition and unfair or deceptive acts or practices"
Section 810 ILCS 5/2-314 - Implied warranty: merchantability; usage of trade
810 ILCS 5/2-314 Cited 186 times 2 Legal Analyses
(1) Unless excluded or modified (Section 2--316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this Section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale. (2) Goods to be merchantable must be at least such as (a) pass without objection in the trade under the contract description; and (b) in the case of fungible goods, are of fair average

Sen et al v. Mercedes-Benz USA, LLC

47 Cited authorities

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 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 Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that guidelines on airfare advertising were "related to" the rates, routes, or services of an air carrier given that every guideline makes "express reference to [air]fares"

Holding that a plaintiff alleging retaliation under Title VII "must provide some specific description" of the protected activity

Finding that plaintiffs sufficiently alleged a willful violation where plaintiffs asserted that defendant violated the FCRA and did so willingly

Holding claims of non-Illinois plaintiffs insufficient where the only connection to Illinois is the headquarters of the defendant and the fact that a scheme "was disseminated" from Illinois

Holding that statements "not made by Suzuki but by Suzuki dealers . . . cannot be the basis of a common law fraud count against Suzuki unless plaintiffs have adequately alleged that the dealers were the agents of Suzuki"

Holding that without any indication that eBay acted in any fashion other than good faith, its compliance fell squarely within the statutory good-faith defense

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

Prohibiting "[u]nfair methods of competition and unfair or deceptive acts or practices"