75 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,377 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 266,313 times   365 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. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,081 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  4. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,195 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"
  5. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,067 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  6. Scott v. Harris

    550 U.S. 372 (2007)   Cited 11,706 times   11 Legal Analyses
    Holding that it is at least sometimes reasonable for an officer to intentionally collide with a suspect's vehicle during a pursuit
  7. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,796 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile
  8. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,072 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"
  9. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,415 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"
  10. United States v. Diebold, Inc.

    369 U.S. 654 (1962)   Cited 11,291 times
    Holding that a court must construe all inferences and ambiguities against the movant and in favor of the non-moving party in determining whether a genuine issue of material act has been raised
  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 345,529 times   922 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 328,543 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,248 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
  14. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,426 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  15. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,894 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  16. Rule 16 - Pretrial Conferences; Scheduling; Management

    Fed. R. Civ. P. 16   Cited 33,657 times   51 Legal Analyses
    Adopting the sanctions authorized by Rule 37(b)
  17. Rule 19 - Required Joinder of Parties

    Fed. R. Civ. P. 19   Cited 9,519 times   54 Legal Analyses
    Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations
  18. Section 1001 - Statements or entries generally

    18 U.S.C. § 1001   Cited 7,329 times   300 Legal Analyses
    Making false statements
  19. Section 337 - Proceedings in name of United States; provision as to subpoenas

    21 U.S.C. § 337   Cited 667 times   19 Legal Analyses
    Restricting FDCA enforcement to suits by the United States
  20. Section 360 - Registration of producers of drugs or devices

    21 U.S.C. § 360   Cited 405 times   28 Legal Analyses
    Exempting licensed healthcare practitioners engaged in certain activities from the FDCA's registration requirements
  21. Section 807.87 - Information required in a premarket notification submission

    21 C.F.R. § 807.87   Cited 53 times   3 Legal Analyses

    Each premarket notification submission shall contain the following information: (a) The device name, including both the trade or proprietary name and the common or usual name or classification name of the device. (b) The establishment registration number, if applicable, of the owner or operator submitting the premarket notification submission. (c) The class in which the device has been put under section 513 of the act and, if known, its appropriate panel; or, if the owner or operator determines that