35 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,796 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,848 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
Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 17,469 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
Pinker v. Roche Holdings Ltd.
292 F.3d 361 (3d Cir. 2002) Cited 2,417 times
Holding that in ruling on a Rule 12(b) motion we must accept all of the plaintiff's allegations as true and construct disputed facts in favor of the plaintiff.
Alvin v. Suzuki
227 F.3d 107 (3d Cir. 2000) Cited 1,425 times
Holding "amendment is futile if the amended complaint would not survive a motion to dismiss for failure to state a claim upon which relief could be granted"
Lightning Lube, Inc. v. Witco Corp.
4 F.3d 1153 (3d Cir. 1993) Cited 1,205 times
Holding that the owner of a small business may testify as a lay witness regarding the projected future profits of his business
Bosland v. Warnock Dodge, Inc.
197 N.J. 543 (N.J. 2009) Cited 494 times 2 Legal Analyses
Holding pre-suit demand of a refund of $20 overcharge is not necessary for CFA claim
Cox v. Sears Roebuck & Co.
138 N.J. 2 (N.J. 1994) Cited 647 times 8 Legal Analyses
Holding that a "consumer is not obligated to pay an indebtedness arising out of conduct that violates the [CFA]"
VRG Corp. v. GKN Realty Corp.
135 N.J. 539 (N.J. 1994) Cited 551 times
Holding unjust enrichment requires a showing that Plaintiff "expected remuneration from the defendant at the time [he] performed or conferred a benefit on defendant and that the failure of remuneration enriched defendant beyond its contractual rights"
In re K-Dur Antitrust Litigation
338 F. Supp. 2d 517 (D.N.J. 2004) Cited 190 times
Holding that plaintiffs' receipt of medicine of some value did not bar an unjust enrichment claim
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,896 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 56:8-2 - Fraud, etc., in connection with sale or advertisement of merchandise or real estate as unlawful practice
N.J. Stat. § 56:8-2 Cited 1,293 times 13 Legal Analyses
Prohibiting "any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact"

Valli v. Avis Budget Rental Car Group, Llc et al

35 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that a district court need not permit a curative amendment if such amendment would be futile

Holding that in ruling on a Rule 12(b) motion we must accept all of the plaintiff's allegations as true and construct disputed facts in favor of the plaintiff.

Holding "amendment is futile if the amended complaint would not survive a motion to dismiss for failure to state a claim upon which relief could be granted"

Holding that the owner of a small business may testify as a lay witness regarding the projected future profits of his business

Holding pre-suit demand of a refund of $20 overcharge is not necessary for CFA claim

Holding that a "consumer is not obligated to pay an indebtedness arising out of conduct that violates the [CFA]"

Holding unjust enrichment requires a showing that Plaintiff "expected remuneration from the defendant at the time [he] performed or conferred a benefit on defendant and that the failure of remuneration enriched defendant beyond its contractual rights"

Holding that plaintiffs' receipt of medicine of some value did not bar an unjust enrichment claim

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Prohibiting "any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact"