21 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 257,305 times 280 Legal Analyses
Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 270,937 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' "
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,766 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 2,932 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 917 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 646 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 772 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 504 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 351,086 times 937 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 331,402 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 49,437 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 for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"

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 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."