13 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 267,040 times 365 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' "
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,521 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"
St. Paul Indemnity Co. v. Cab Co.
303 U.S. 283 (1938) Cited 6,051 times 14 Legal Analyses
Holding that when a complaint filed pleads more than the jurisdictional amount required for federal jurisdiction, "the sum claimed by the plaintiff controls if the claim is apparently made in good faith" and that "[i]t must appear to a legal certainty that the claim is really for less than the jurisdictional amount to justify dismissal"
Hartford Fire Ins. Co. v. California
509 U.S. 764 (1993) Cited 569 times 8 Legal Analyses
Holding that allegation that defendant insurers and reinsurers told "groups of insurance brokers and agents . . . that a reinsurance boycott, and thus loss of income to the agents and brokers who would be unable to find available markets for their customers, would ensue" if the terms desired by defendants in commercial general liability insurance were not approved, was a boycott under the McCarran-Ferguson Act
Goldman v. Belden
754 F.2d 1059 (2d Cir. 1985) Cited 1,658 times 1 Legal Analyses
Holding Rule 12(b) consideration of documents attached to defendants' motion to dismiss improper
F. Hofpmann-La Roche Ltd. v. Empagran S. A.
542 U.S. 155 (2004) Cited 210 times 17 Legal Analyses
Holding domestic effects exception does not apply where "price-fixing conduct significantly and adversely affects both customers outside the United States and customers within the United States, but the adverse foreign effect is independent of any adverse domestic effect"
Milburn v. United States
734 F.2d 762 (11th Cir. 1984) Cited 380 times
Holding that 10-day notice was required even though moving party characterized its motion as one to dismiss or, in the alternative, for summary judgment
Shelter Mut. Ins. Co. v. Public Water Supply
747 F.2d 1195 (8th Cir. 1984) Cited 54 times
Disapproving of a party's attempt to incorporate by reference a "lengthy" document incorporating "thirty-six pages of allegations" and noting that " pleading incorporating allegations from other documents must clarify which statements are to be incorporated"
Harvey M. Jasper Retirement Trust v. Ivax Corp.
920 F. Supp. 1260 (S.D. Fla. 1995) Cited 22 times
Stating that scienter is not necessary for claim under § 14
U.S. v. Nippon Paper Industries Co., Ltd.
62 F. Supp. 2d 173 (D. Mass. 1999) Cited 2 times
Noting that foreign companies threatened with anti-dumping provisions must "walk a fine line"
Section 1 - Trusts, etc., in restraint of trade illegal; penalty
15 U.S.C. § 1 Cited 2,912 times 68 Legal Analyses
Making illegal "[e]very contract, combination ..., or conspiracy, in restraint of trade"
Section 6a - Conduct involving trade or commerce with foreign nations
15 U.S.C. § 6a Cited 225 times 30 Legal Analyses
Stating that Sherman Act "shall not apply to conduct involving trade or commerce (other than import trade or import commerce) with foreign nations"
Section 6a - Excessive speculation
7 U.S.C. § 6a Cited 42 times 6 Legal Analyses
Stating that CFTC has authority to proclaim and fix position limits “from time to time” “as the Commission finds are necessary to diminish, eliminate, or prevent [excessive speculation].”

Weeks Marine, Inc. v. Bridgestone Corporation et al

13 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 "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"

Holding Rule 12(b) consideration of documents attached to defendants' motion to dismiss improper

Holding domestic effects exception does not apply where "price-fixing conduct significantly and adversely affects both customers outside the United States and customers within the United States, but the adverse foreign effect is independent of any adverse domestic effect"

Holding that 10-day notice was required even though moving party characterized its motion as one to dismiss or, in the alternative, for summary judgment

Disapproving of a party's attempt to incorporate by reference a "lengthy" document incorporating "thirty-six pages of allegations" and noting that " pleading incorporating allegations from other documents must clarify which statements are to be incorporated"

Stating that scienter is not necessary for claim under § 14

Noting that foreign companies threatened with anti-dumping provisions must "walk a fine line"

Making illegal "[e]very contract, combination ..., or conspiracy, in restraint of trade"

Stating that Sherman Act "shall not apply to conduct involving trade or commerce (other than import trade or import commerce) with foreign nations"

Stating that CFTC has authority to proclaim and fix position limits “from time to time” “as the Commission finds are necessary to diminish, eliminate, or prevent [excessive speculation].”