91 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 269,063 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' "
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"
DiFolco v. MSNBC Cable L.L.C.
622 F.3d 104 (2d Cir. 2010) Cited 2,400 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"
California Transport v. Trucking Unlimited
404 U.S. 508 (1972) Cited 1,583 times 7 Legal Analyses
Holding "the right to petition extends to all departments of the Government," including the courts
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
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
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
Hogan v. Fischer
738 F.3d 509 (2d Cir. 2013) Cited 1,104 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"
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"
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”
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.
Section 1 - Trusts, etc., in restraint of trade illegal; penalty
15 U.S.C. § 1 Cited 2,934 times 70 Legal Analyses
Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"
Section 355 - New drugs
21 U.S.C. § 355 Cited 2,252 times 341 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"
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

Smith et al v. Forest Laboratories LLC et al

91 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 that claims based on continuing conspiracies accrue each time "a defendant commits an act that injures a plaintiffs business"

Holding "the right to petition extends to all departments of the Government," including the courts

Holding even a monopolist has no duty to cooperate with rivals

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

Holding that "reasonable diligence" was required to invoke the doctrine of fraudulent concealment in the context of civil RICO by analogy to antitrust cases

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"

Holding that "reverse payment settlements . . . can sometimes violate the antitrust laws"

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.

Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"

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"