Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 257,305 times 280 Legal AnalysesHolding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
In re Burlington Coat Factory
114 F.3d 1410 (3d Cir. 1997) Cited 7,783 times 4 Legal AnalysesHolding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss
Mayer v. Belichick
605 F.3d 223 (3d Cir. 2010) Cited 2,388 times 1 Legal AnalysesHolding we must only consider documents if complainant's claims are based upon these documents
Shane v. Fauver
213 F.3d 113 (3d Cir. 2000) Cited 3,147 timesHolding that unless amendment would be futile, a district court must give a plaintiff the opportunity to amend a complaint that fails to state a claim
Car Carriers, Inc. v. Ford Motor Co.
745 F.2d 1101 (7th Cir. 1984) Cited 2,380 timesHolding that a complaint may not be amended by briefs in opposition to a motion to dismiss
Lake v. Arnold
232 F.3d 360 (3d Cir. 2000) Cited 1,086 timesHolding plaintiffs must "exercise a reasonable amount of diligence and vigilance when pursuing a claim"
Com. of Pa. ex Rel. Zimmerman v. Pepsico, Inc.
836 F.2d 173 (3d Cir. 1988) Cited 1,404 times 1 Legal AnalysesHolding that legal theories set forth in a response brief cannot serve to amend a complaint in response to a motion to dismiss
Colburn v. Upper Darby Township
838 F.2d 663 (3d Cir. 1988) Cited 989 times 1 Legal AnalysesHolding that a municipality's failure to act, once it was on notice that its procedures were constitutionally deficient, created a fact question regarding causation
Lieb v. Topstone Industries, Inc.
788 F.2d 151 (3d Cir. 1986) Cited 551 times 1 Legal AnalysesHolding that remand is appropriate when a district court has failed to specify its reasons for denying a Rule 11 motion
Gaiardo v. Ethyl Corp.
835 F.2d 479 (3d Cir. 1987) Cited 373 timesHolding that Rule 11 "should not be invoked against an attorney who fails to dismiss a case" even after an opposing attorney, for example, submits evidence that the suit is barred by a statute of limitations or res judicata
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 36,298 times 145 Legal AnalysesHolding an "unrepresented party" to the same standard as an attorney
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,276 times 49 Legal AnalysesRecognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Section 363 - Use, sale, or lease of property
11 U.S.C. § 363 Cited 7,120 times 161 Legal AnalysesGranting trustee authority, after notice and hearing, to sell property of estate
Section 1452 - Removal of claims related to bankruptcy cases
28 U.S.C. § 1452 Cited 2,585 times 14 Legal AnalysesGranting removal power to any “party” in a bankruptcy case
Rule 9011 - Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers
Fed. R. Bankr. P. 9011 Cited 2,485 times 9 Legal AnalysesAdopting Fed.R.Civ.P. 11
Rule 9027 - Removal
Fed. R. Bankr. P. 9027 Cited 599 timesRequiring a notice of removal to "contain a statement that upon removal of the claim or cause of action the proceeding is core or non-core and, if non-core, that the party filing the notice does or does not consent to entry of final orders or judgment by the bankruptcy judge"
Rule 1001 - Scope of Rules and Forms; Short Title
Fed. R. Bankr. P. 1001 Cited 431 times 1 Legal AnalysesCharging the Court with administering the Bankruptcy Rules "to secure the just, speedy, and inexpensive determination of every case and proceeding"
Rule 1028 - Preliminary Objections
231 Pa. Code § 1028 Cited 259 times 1 Legal AnalysesIncluding "lack of jurisdiction over . . . the person of the defendant" as a "preliminary objection"