21 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,437 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 265,409 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. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 215,904 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"
  4. Oshiver v. Levin, Fishbein, Sedran Berman

    38 F.3d 1380 (3d Cir. 1994)   Cited 2,901 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]”
  5. Giles v. Kearney

    571 F.3d 318 (3d Cir. 2009)   Cited 910 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
  6. Kanter v. Barella

    489 F.3d 170 (3d Cir. 2007)   Cited 854 times   2 Legal Analyses
    Upholding denial of leave to amend where plaintiff failed to offer new facts to district court
  7. VLIW Tech., LLC v. Hewlett-Packard Co.

    840 A.2d 606 (Del. 2003)   Cited 627 times
    Holding to survive motion to dismiss claim for breach of contract, plaintiff must demonstrate "resultant damage"
  8. ALA, Inc. v. CCAIR, Inc.

    29 F.3d 855 (3d Cir. 1994)   Cited 766 times   2 Legal Analyses
    Holding that statute of frauds defense may be raised on a motion to dismiss
  9. Pastore v. Bell Telephone Co. of Pennsylvania

    24 F.3d 508 (3d Cir. 1994)   Cited 490 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"
  10. Kruzits v. Okuma Mach. Tool, Inc.

    40 F.3d 52 (3d Cir. 1994)   Cited 245 times
    Holding Illinois had "a substantial relationship to the parties" to a lease agreement containing an Illinois choice of law clause where the lessor was headquartered in Illinois
  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 344,481 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,019 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 48,064 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."