58 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,597 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 265,563 times   364 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. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,937 times   69 Legal Analyses
    Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval
  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,437 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. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,747 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile
  6. Shady Grove Orthopedic v. Allstate Ins. Co.

    559 U.S. 393 (2010)   Cited 1,152 times   44 Legal Analyses
    Holding that rules of civil procedure allowing multiple claims to be litigated together "neither change plaintiffs' separate entitlements to relief nor abridge defendants' rights; they alter only how the claims are processed"
  7. Illinois Brick Co. v. Illinois

    431 U.S. 720 (1977)   Cited 1,286 times   61 Legal Analyses
    Holding that indirect purchasers cannot recover damages under federal antitrust law
  8. California v. Arc America Corp.

    490 U.S. 93 (1989)   Cited 498 times   6 Legal Analyses
    Holding that the Sherman Act, which does not allow indirect purchaser actions, does not preempt state laws that allow indirect purchasers to obtain relief
  9. Hanover Shoe v. United Shoe Machinery Corp.

    392 U.S. 481 (1968)   Cited 791 times   15 Legal Analyses
    Holding that an antitrust defendant could not argue that a plaintiff who had purchased a product directly from the defendant was not injured because it had passed on the illegal overcharge to its own customers, thus creating a regime under which plaintiffs can arguably recover more than "threefold the damages by him sustained"
  10. Georgine v. Amchem Prods., Inc.

    83 F.3d 610 (3d Cir. 1996)   Cited 557 times   1 Legal Analyses
    Holding that " considered as a litigation class," the class cannot meet Federal Rule of Civil Procedure 23's requirements
  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 344,659 times   920 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,577 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,829 times   1232 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  14. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,794 times   315 Legal Analyses
    Prohibiting unlawful business practices
  15. Section 75-1.1 - Methods of competition, acts and practices regulated; legislative policy

    N.C. Gen. Stat. § 75-1.1   Cited 1,983 times   110 Legal Analyses
    Declaring unlawful "unfair or deceptive acts or practices in or affecting commerce"
  16. Section 501.201 - Short title

    Fla. Stat. § 501.201   Cited 971 times   8 Legal Analyses

    This part shall be known and may be cited as the "Florida Deceptive and Unfair Trade Practices Act." Fla. Stat. § 501.201 s. 1, ch. 73-124.

  17. Section 901 - Prerequisites to a class action

    N.Y. CPLR 901   Cited 970 times   6 Legal Analyses
    Providing that "an action to recover a penalty, or minimum measure of recovery created or imposed by statute may not be maintained as a class action" unless the "statute creating or imposing penalty, or minimum measure of recovery specifically authorizes the recovery thereof in a class action"
  18. Section 340 - Contracts or agreements for monopoly or in restraint of trade illegal and void

    N.Y. Gen. Bus. Law § 340   Cited 605 times   2 Legal Analyses
    Declaring as illegal and void contracts, agreements, arrangements, or combinations for monopoly or in restraint of trade
  19. Section 16720 - Trust

    Cal. Bus. & Prof. Code § 16720   Cited 422 times   6 Legal Analyses
    Prohibiting any combination to prevent competition in the "sale or purchase of any commodity"
  20. Section 16700 - Cumulative provisions

    Cal. Bus. & Prof. Code § 16700   Cited 364 times   8 Legal Analyses
    Banning agreements to restrain trade