21 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,142 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 218,869 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Oshiver v. Levin, Fishbein, Sedran Berman
38 F.3d 1380 (3d Cir. 1994) Cited 2,945 times 4 Legal Analyses
Holding time limit to file an EEOC charge may be tolled “where the plaintiff in some extraordinary way has been prevented from asserting his or her rights” but noting that a “plaintiff who fails to exercise this reasonable diligence may lose the benefit of [equitable tolling]”
Giles v. Kearney
571 F.3d 318 (3d Cir. 2009) Cited 923 times 2 Legal Analyses
Holding that it was clearly established by 2001 that the Eighth Amendment prohibits an officer's gratuitous use of force against a subdued inmate
Kanter v. Barella
489 F.3d 170 (3d Cir. 2007) Cited 861 times 2 Legal Analyses
Upholding denial of leave to amend where plaintiff failed to offer new facts to district court
VLIW Tech., LLC v. Hewlett-Packard Co.
840 A.2d 606 (Del. 2003) Cited 654 times
Holding to survive motion to dismiss claim for breach of contract, plaintiff must demonstrate "resultant damage"
ALA, Inc. v. CCAIR, Inc.
29 F.3d 855 (3d Cir. 1994) Cited 774 times 2 Legal Analyses
Holding that statute of frauds defense may be raised on a motion to dismiss
Pastore v. Bell Telephone Co. of Pennsylvania
24 F.3d 508 (3d Cir. 1994) Cited 509 times
Holding that once the moving party has carried the initial burden of showing that no genuine issue of material fact exists, the "nonmoving party cannot rely upon conclusory allegations in its pleadings or in memoranda and briefs to establish a genuine issue of material fact"
Scion Breckenridge Managing Member, LLC v. ASB Allegiance Real Estate Fund
68 A.3d 665 (Del. 2013) Cited 147 times 1 Legal Analyses
Holding that a party may bring a cause of action for reformation “that incorrectly transcribes the parties' agreement, so long as the party's conduct does not amount to a failure to act in good faith and in accordance with reasonable standards of fair dealing”
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 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 333,232 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 50,129 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

Stoebe v. Minusnine Technology, Inc.

21 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding time limit to file an EEOC charge may be tolled “where the plaintiff in some extraordinary way has been prevented from asserting his or her rights” but noting that a “plaintiff who fails to exercise this reasonable diligence may lose the benefit of [equitable tolling]”

Holding that it was clearly established by 2001 that the Eighth Amendment prohibits an officer's gratuitous use of force against a subdued inmate

Upholding denial of leave to amend where plaintiff failed to offer new facts to district court

Holding to survive motion to dismiss claim for breach of contract, plaintiff must demonstrate "resultant damage"

Holding that statute of frauds defense may be raised on a motion to dismiss

Holding that once the moving party has carried the initial burden of showing that no genuine issue of material fact exists, the "nonmoving party cannot rely upon conclusory allegations in its pleadings or in memoranda and briefs to establish a genuine issue of material fact"

Holding that a party may bring a cause of action for reformation “that incorrectly transcribes the parties' agreement, so long as the party's conduct does not amount to a failure to act in good faith and in accordance with reasonable standards of fair dealing”

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

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."