24 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,785 times 279 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,756 times 364 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' "
Watterson v. Page
987 F.2d 1 (1st Cir. 1993) Cited 1,385 times
Holding that an allegation that a psychologist and a state social worker conspired to present false testimony and withhold material evidence from the court failed because all witnesses at judicial proceedings have an absolute immunity from damages liability based on their testimony
Gooley v. Mobil Oil Corp.
851 F.2d 513 (1st Cir. 1988) Cited 1,048 times
Holding that "it is the plaintiff's burden to take the step which brings his case safely into the next phase of the litigation. The court need not conjure up unpled allegations or contrive elaborately arcane scripts in order to" allow the plaintiff's complaint to survive
Ruiz v. Bally Total Fitness
496 F.3d 1 (1st Cir. 2007) Cited 539 times
Explaining that we "are not free to disregard the plain language of a statute and, instead, conjure up legislative purposes and intent out of thin air"
Platten v. HG Berm. Exempted Ltd.
437 F.3d 118 (1st Cir. 2006) Cited 257 times
Holding that conclusory allegations of misrepresentation are insufficient to assert personal jurisdiction where "plaintiff's failed to provide any details . . . including any misrepresentations that were made at that time, who may have made them, and in what capacity"
United States v. AVX Corp.
962 F.2d 108 (1st Cir. 1992) Cited 316 times
Holding that intervenor who opposed consent decree could not appeal the district court's order approving the decree without satisfying Article III standing requirements
Stone v. White
301 U.S. 532 (1937) Cited 289 times
Recognizing origin of unjust enrichment
Butler v. Balolia
736 F.3d 609 (1st Cir. 2013) Cited 84 times
Finding the plaintiff sufficiently plead a claim for breach of contract where the parties had memorialized their "mutual intention to negotiate and enter into a separate Purchase Agreement" by a specified date, and further that they would "use their best efforts to negotiate and attempt to agree to terms for the Purchase Agreement" and that the plaintiff would "refrain from negotiating with any other prospective purchasers before the signing deadline."
Incase v. Timex
488 F.3d 46 (1st Cir. 2007) Cited 89 times
Finding plaintiff did not take reasonable steps because they failed to communicate confidentiality policies to defendant
Section 259:7 - Agreements to pay compensation for service as a broker or finder; necessity of writing
Mass. Gen. Laws ch. 259 § 7 Cited 26 times 1 Legal Analyses
Going on to define "negotiating"

Whitman & Company, Inc. v. Longview Partners (Guernsey) Limited et al

24 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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 an allegation that a psychologist and a state social worker conspired to present false testimony and withhold material evidence from the court failed because all witnesses at judicial proceedings have an absolute immunity from damages liability based on their testimony

Holding that "it is the plaintiff's burden to take the step which brings his case safely into the next phase of the litigation. The court need not conjure up unpled allegations or contrive elaborately arcane scripts in order to" allow the plaintiff's complaint to survive

Explaining that we "are not free to disregard the plain language of a statute and, instead, conjure up legislative purposes and intent out of thin air"

Holding that conclusory allegations of misrepresentation are insufficient to assert personal jurisdiction where "plaintiff's failed to provide any details . . . including any misrepresentations that were made at that time, who may have made them, and in what capacity"

Holding that intervenor who opposed consent decree could not appeal the district court's order approving the decree without satisfying Article III standing requirements

Recognizing origin of unjust enrichment

Finding plaintiff did not take reasonable steps because they failed to communicate confidentiality policies to defendant

Going on to define "negotiating"