33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,027 times   280 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. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 7,707 times   4 Legal Analyses
    Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss
  3. Mayer v. Belichick

    605 F.3d 223 (3d Cir. 2010)   Cited 2,352 times   1 Legal Analyses
    Holding we must only consider documents if complainant's claims are based upon these documents
  4. Shane v. Fauver

    213 F.3d 113 (3d Cir. 2000)   Cited 3,129 times
    Holding 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
  5. Car Carriers, Inc. v. Ford Motor Co.

    745 F.2d 1101 (7th Cir. 1984)   Cited 2,369 times
    Holding that a complaint may not be amended by briefs in opposition to a motion to dismiss
  6. Lake v. Arnold

    232 F.3d 360 (3d Cir. 2000)   Cited 1,081 times
    Holding plaintiffs must "exercise a reasonable amount of diligence and vigilance when pursuing a claim"
  7. Com. of Pa. ex Rel. Zimmerman v. Pepsico, Inc.

    836 F.2d 173 (3d Cir. 1988)   Cited 1,389 times   1 Legal Analyses
    Holding that legal theories set forth in a response brief cannot serve to amend a complaint in response to a motion to dismiss
  8. Colburn v. Upper Darby Township

    838 F.2d 663 (3d Cir. 1988)   Cited 984 times   1 Legal Analyses
    Holding that a municipality's failure to act, once it was on notice that its procedures were constitutionally deficient, created a fact question regarding causation
  9. Lieb v. Topstone Industries, Inc.

    788 F.2d 151 (3d Cir. 1986)   Cited 550 times   1 Legal Analyses
    Holding that remand is appropriate when a district court has failed to specify its reasons for denying a Rule 11 motion
  10. Gaiardo v. Ethyl Corp.

    835 F.2d 479 (3d Cir. 1987)   Cited 372 times
    Holding 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
  11. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 36,015 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney
  12. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,145 times   48 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
  13. Section 363 - Use, sale, or lease of property

    11 U.S.C. § 363   Cited 7,100 times   160 Legal Analyses
    Granting trustee authority, after notice and hearing, to sell property of estate
  14. Section 1452 - Removal of claims related to bankruptcy cases

    28 U.S.C. § 1452   Cited 2,579 times   14 Legal Analyses
    Granting removal power to any “party” in a bankruptcy case
  15. Rule 9011 - Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers

    Fed. R. Bankr. P. 9011   Cited 2,482 times   9 Legal Analyses
    Adopting Fed.R.Civ.P. 11
  16. Rule 9027 - Removal

    Fed. R. Bankr. P. 9027   Cited 598 times
    Requiring 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"
  17. Rule 1001 - Scope of Rules and Forms; Short Title

    Fed. R. Bankr. P. 1001   Cited 429 times   1 Legal Analyses
    Charging the Court with administering the Bankruptcy Rules "to secure the just, speedy, and inexpensive determination of every case and proceeding"
  18. Rule 1028 - Preliminary Objections

    231 Pa. Code § 1028   Cited 249 times   1 Legal Analyses
    Including "lack of jurisdiction over . . . the person of the defendant" as a "preliminary objection"