47 Cited authorities

  1. 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' "
  2. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,766 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"
  3. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,683 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"
  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,508 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"
  5. Morales v. Trans World Airlines, Inc.

    504 U.S. 374 (1992)   Cited 1,698 times   11 Legal Analyses
    Holding that the Airline Deregulation Act, which prohibits States from enforcing any law "relating to rates, routes, or services" of any air carrier, preempted fare-advertising guidelines that "would have a significant impact upon" the airlines' ability to charge fares
  6. E.E.O.C. v. Concentra Health

    496 F.3d 773 (7th Cir. 2007)   Cited 2,735 times   2 Legal Analyses
    Holding that a plaintiff alleging retaliation under Title VII "must provide some specific description" of the protected activity
  7. Killingsworth v. HSBC Bank Nevada, N.A.

    507 F.3d 614 (7th Cir. 2007)   Cited 1,229 times   1 Legal Analyses
    Finding that plaintiffs sufficiently alleged a willful violation where plaintiffs asserted that defendant violated the FCRA and did so willingly
  8. 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
  9. Connick v. Suzuki Motor Co.

    174 Ill. 2d 482 (Ill. 1996)   Cited 953 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"
  10. McCready v. eBay, Inc.

    453 F.3d 882 (7th Cir. 2006)   Cited 576 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
  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. Section 815 ILCS 505/2

    815 ILCS 505/2   Cited 1,386 times   13 Legal Analyses
    Prohibiting "[u]nfair methods of competition and unfair or deceptive acts or practices"
  13. 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