91 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,707 times   367 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. Zenith Radio Corp. v. Hazeltine Research

    401 U.S. 321 (1971)   Cited 2,511 times   5 Legal Analyses
    Holding that claims based on continuing conspiracies accrue each time "a defendant commits an act that injures a plaintiffs business"
  3. DiFolco v. MSNBC Cable L.L.C.

    622 F.3d 104 (2d Cir. 2010)   Cited 2,397 times
    Holding that "[i]n considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b), a district court may consider . . . documents incorporated by reference in the complaint" and any document "where the complaint relies heavily upon its terms and effect, thereby rendering the document integral to the complaint"
  4. California Transport v. Trucking Unlimited

    404 U.S. 508 (1972)   Cited 1,582 times   7 Legal Analyses
    Holding "the right to petition extends to all departments of the Government," including the courts
  5. Verizon Comm. v. Law Offices of Trinko

    540 U.S. 398 (2004)   Cited 512 times   56 Legal Analyses
    Holding even a monopolist has no duty to cooperate with rivals
  6. N.A.A.C.P. v. Button

    371 U.S. 415 (1963)   Cited 2,205 times   3 Legal Analyses
    Holding that Virginia failed to "justify the broad prohibitions" imposed through a barratry law, but enjoining the statute only as applied to the politically oriented litigating efforts of the NAACP
  7. Klehr v. A. O. Smith Corp.

    521 U.S. 179 (1997)   Cited 541 times   3 Legal Analyses
    Holding that "reasonable diligence" was required to invoke the doctrine of fraudulent concealment in the context of civil RICO by analogy to antitrust cases
  8. Hogan v. Fischer

    738 F.3d 509 (2d Cir. 2013)   Cited 1,103 times
    Holding plaintiff satisfied diligence requirement after he "diligently sought to identify the John Doe defendants" and the "named defendants ... failed to respond fully to Hogan's requests"
  9. Fed. Trade Comm'n v. Actavis, Inc.

    570 U.S. 136 (2013)   Cited 309 times   92 Legal Analyses
    Holding that "reverse payment settlements . . . can sometimes violate the antitrust laws"
  10. Glob. Network Commc'ns v. City of N.Y

    458 F.3d 150 (2d Cir. 2006)   Cited 1,308 times
    Holding that courts may consider extrinsic documents when deciding a motion to dismiss where “the incorporated material is a contract or other legal document containing obligations upon which the plaintiff's complaint stands or falls, but which for some reason-usually because the document, read in its entirety would undermine the legitimacy of the plaintiff's claim-was not attached to the complaint”
  11. Section 2 - Monopolizing trade a felony; penalty

    15 U.S.C. § 2   Cited 4,396 times   30 Legal Analyses
    In § 2 cases under the Sherman Act, as in § 7 cases under the Clayton Act (Brown Shoe Co. v. United States, 370 U.S. 294, 325) there may be submarkets that are separate economic entities.
  12. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 2,929 times   69 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"
  13. Section 355 - New drugs

    21 U.S.C. § 355   Cited 2,252 times   340 Legal Analyses
    Granting the court discretion to change the date on which an ANDA may be approved if "either party to the action failed to reasonably cooperate in expediting the action"
  14. Section 355a - Pediatric studies of drugs

    21 U.S.C. § 355a   Cited 68 times   12 Legal Analyses

    (a) Definitions As used in this section, the term "pediatric studies" or "studies" means at least one clinical investigation (that, at the Secretary's discretion, may include pharmacokinetic studies) in pediatric age groups (including neonates in appropriate cases) in which a drug is anticipated to be used, and, at the discretion of the Secretary, may include preclinical studies. (b) Market exclusivity for new drugs (1) In general Except as provided in paragraph (2), if, prior to approval of an application