22 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 277,112 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  2. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,179 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
  3. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,348 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile
  4. In re Rockefeller Center Properties, Inc.

    311 F.3d 198 (3d Cir. 2002)   Cited 1,384 times
    Holding that a plaintiff must set forth the "who, what, when, where, and how" of the alleged fraud
  5. City of Pittsburgh v. West Penn Power Comp

    147 F.3d 256 (3d Cir. 1998)   Cited 909 times
    Holding action that did not lessen competition in a "marketplace" was not antitrust injury
  6. Garcia v. Munoz

    Civil Action No. 08-1648 (WJM) (D.N.J. May. 12, 2008)   Cited 146 times

    Civil Action No. 08-1648 (WJM). May 12, 2008 EDWARD J. GARCIA, #197708, Plaintiff Pro Se, Hudson County Correctional Center, Kearny, New Jersey. OPINION WILLIAM MARTINI, District Judge This matter comes before the Court upon submission of a civil complaint ("Complaint") by Edward J. Garcia ("Garcia"), an inmate currently confined at Hudson County Correctional Center ("Facility") in Kearny, New Jersey. The instant matter is one of four legal matters received by the Clerk from Garcia during April 2008

  7. Weiner v. the Quaker Oats Co.

    129 F.3d 310 (3d Cir. 1997)   Cited 169 times   1 Legal Analyses
    Holding that a public statement curing the misleading effect of a prior misrepresentation renders the prior misrepresentation immaterial
  8. Edgar v. Avaya

    503 F.3d 340 (3d Cir. 2007)   Cited 85 times   11 Legal Analyses
    Finding that the presumption of prudence applies at the motion to dismiss stage
  9. In re Pressure Sensitive Labelstock Antitrust Litigation

    566 F. Supp. 2d 363 (M.D. Pa. 2008)   Cited 49 times
    Finding insufficient allegations that parent participated in antitrust conspiracy on its own, even though court already found sufficient allegations that subsidiary did participate
  10. Pietrangelo v. NUI Corp.

    Civ. No. 04-3223 (GEB) (D.N.J. Jul. 20, 2005)   Cited 36 times
    Holding that the efficient market theory is inapplicable at the motion to dismiss stage and noting that defendants “could have minimized Plan losses without disclosing adverse information by simply removing NUI stock as an investment option”
  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 358,269 times   950 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,307 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,914 times   333 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,728 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”
  15. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,919 times   73 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"
  16. Section 1105 - Liability for breach of co-fiduciary

    29 U.S.C. § 1105   Cited 938 times   5 Legal Analyses
    Providing that a plan administrator may delegate fiduciary responsibilities if permitted by the ERISA plan