187 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,865 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' "
Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit
507 U.S. 163 (1993) Cited 5,133 times 2 Legal Analyses
Holding that there is no heightened pleading requirement in § 1983 suits against municipalities
Sedima, S.P.R.L. v. Imrex Co.
473 U.S. 479 (1985) Cited 4,237 times 7 Legal Analyses
Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."
New York Times Co. v. Sullivan
376 U.S. 254 (1964) Cited 6,928 times 36 Legal Analyses
Holding that a public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice
United States v. Turkette
452 U.S. 576 (1981) Cited 2,723 times 2 Legal Analyses
Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity
In re Burlington Coat Factory
114 F.3d 1410 (3d Cir. 1997) Cited 7,709 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
Russello v. United States
464 U.S. 16 (1983) Cited 2,101 times 6 Legal Analyses
Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
Anza v. Ideal Steel Supply Corp.
547 U.S. 451 (2006) Cited 852 times 5 Legal Analyses
Holding that a business could not recover against its competitor for a scheme to defraud the New York State tax authority that allowed the defendant to undercut the plaintiff's prices
Masson v. New Yorker Magazine, Inc.
501 U.S. 496 (1991) Cited 1,417 times 3 Legal Analyses
Holding that "plaintiff must demonstrate that the author in fact entertained serious doubts as to the truth of his publication"
Phillips Petroleum Co. v. Shutts
472 U.S. 797 (1985) Cited 1,791 times 19 Legal Analyses
Holding that “the Due Process Clause of course requires that the named plaintiff at all times adequately represent the interests of the absent class members”
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 348,416 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
Rule 41 - Dismissal of Actions
Fed. R. Civ. P. 41 Cited 109,442 times 197 Legal Analyses
Holding that such dismissal "operates as an adjudication on the merits"
Section 1441 - Removal of civil actions
28 U.S.C. § 1441 Cited 50,316 times 151 Legal Analyses
Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,105 times 320 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,638 times 61 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 15,957 times 60 Legal Analyses
Specifying prohibited activities
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,351 times 321 Legal Analyses
Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 14,991 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,446 times 104 Legal Analyses
Relating to mail fraud
Section 1343 - Fraud by wire, radio, or television
18 U.S.C. § 1343 Cited 12,053 times 172 Legal Analyses
Barring fraudulent schemes "for obtaining money or property"

Vulcan Golf, LLC et al v. Google Inc. et al

187 Cited authorities

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' "

Holding that there is no heightened pleading requirement in § 1983 suits against municipalities

Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

Holding that a public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice

Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity

Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"

Holding that a business could not recover against its competitor for a scheme to defraud the New York State tax authority that allowed the defendant to undercut the plaintiff's prices

Holding that "plaintiff must demonstrate that the author in fact entertained serious doubts as to the truth of his publication"

Holding that “the Due Process Clause of course requires that the named plaintiff at all times adequately represent the interests of the absent class members”

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that such dismissal "operates as an adjudication on the merits"

Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

Requiring that fraud be pleaded with particularity

Granting district courts the authority to create a remedy with the force of a final judgment

Specifying prohibited activities

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

Defining what the terms “person” and “enterprise” include

Relating to mail fraud

Barring fraudulent schemes "for obtaining money or property"