§Why CasetextPricing

THE MICHAEL S. RULLE FAMILY DYNASTY TRUST v. AGL LIFE ASSURANCE COMPANY

MOTION to Dismiss

75 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,202 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. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,948 times   367 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,194 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,162 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"

  5. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,355 times   308 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance

  6. TSC Industries, Inc. v. Northway, Inc.

    426 U.S. 438 (1976)   Cited 2,485 times   67 Legal Analyses
    Holding that materiality may be resolved at summary judgment "if the established omissions are so obviously important to an investor that reasonable minds cannot differ on the question of materiality"

  7. Pension Benefit Guaranty Corp. v. White Consolidated Industries, Inc.

    998 F.2d 1192 (3d Cir. 1993)   Cited 6,210 times
    Holding that, when reviewing a motion to dismiss, courts consider "allegations contained in the complaint, exhibits attached to the complaint and matters of public record"

  8. Klaxon Co. v. Stentor Co.

    313 U.S. 487 (1941)   Cited 10,509 times   6 Legal Analyses
    Holding that Erie doctrine applies to conflict-of-law rules

  9. Pryor v. Nat'l Collegiate Athletic Ass'n

    288 F.3d 548 (3d Cir. 2002)   Cited 1,302 times
    Holding that "[a]lthough a district court may not consider matters extraneous to the pleadings, a document integral to or explicitly relied upon in the complaint may be considered without converting the motion to dismiss in one for summary judgment"

  10. In re NAHC, Inc. Securities Litigation

    306 F.3d 1314 (3d Cir. 2002)   Cited 707 times   1 Legal Analyses
    Holding that an amendment was futile because the claims would be barred by the statute of limitations

  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 348,503 times   930 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,110 times   321 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,536 times   165 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

  14. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,501 times   50 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  15. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,226 times   134 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"