9 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 198,437 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Kamen v. Kemper Financial Services, Inc.

    500 U.S. 90 (1991)   Cited 1,020 times   4 Legal Analyses
    Holding that there is a presumption to apply state law "in areas in which private parties have entered legal relationships with the expectation that their rights and obligations would be governed by state-law standards"
  3. Fritz v. Charter Tp. of Comstock

    592 F.3d 718 (6th Cir. 2010)   Cited 878 times
    Holding that "for purposes of a motion for judgment on the pleadings, all well-pleaded material allegations of the pleadings of the opposing party must be taken as true, and the motion may be granted only if the moving party is nevertheless clearly entitled to judgment"
  4. Mitchell v. McNeil

    487 F.3d 374 (6th Cir. 2007)   Cited 199 times
    Holding that "[t]here is no statutory or common law right, much less a constitutional right, to an investigation."
  5. Kramer v. Western Pacific Industries

    546 A.2d 348 (Del. 1988)   Cited 262 times
    Holding that claims of "payment of unnecessary options, bonuses, fees, and expenses" before a merger can be remedied only in a derivative claim for corporate waste
  6. Gavriles v. Verizon Wireless

    194 F. Supp. 2d 674 (E.D. Mich. 2002)   Cited 9 times
    Explaining that "[d]isgorgement is an equitable remedy to force a defendant to give up the amount equal to the defendant's unjust enrichment," and "is not intended to compensate the victim of fraud"
  7. In the Matter of Consumers Power Co. Derivative Litigation

    111 F.R.D. 419 (E.D. Mich. 1986)   Cited 7 times
    In Matter of Consumers Power Co Derivative Litigation, 111 F.R.D. 419 (E.D. Mich. 1986), the court rejected the Hall holding.
  8. 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 272,120 times   788 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  9. Rule 23.1 - Derivative Actions

    Fed. R. Civ. P. 23.1   Cited 1,696 times   19 Legal Analyses
    Requiring a verified complaint for shareholder derivative suits