Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,691 times 281 Legal AnalysesHolding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,746 times 369 Legal AnalysesHolding 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
Kamen v. Kemper Financial Services, Inc.
500 U.S. 90 (1991) Cited 1,234 times 5 Legal AnalysesHolding parties' legal theories not binding on Court, which "retains the independent power to identify and apply the proper construction of governing law"
Migdal v. Rowe Price-Fleming Intern., Inc.
248 F.3d 321 (4th Cir. 2001) Cited 717 times 3 Legal AnalysesHolding that “Rule 12(b) requires more than the mere recitation of boilerplate statutory language”
Daily Income Fund, Inc. v. Fox
464 U.S. 523 (1984) Cited 290 times 1 Legal AnalysesHolding that there is no demand prerequisite for § 36(b) claims
Jones v. Harris Associates
559 U.S. 335 (2010) Cited 89 times 29 Legal AnalysesHolding that deference is due where a board's process “for negotiating and reviewing investment-adviser compensation is robust”
Pereira v. Farace
413 F.3d 330 (2d Cir. 2005) Cited 165 times 1 Legal AnalysesHolding that Great-West impacted Seventh Amendment analysis of restitution as legal or equitable remedy
Amron v. Morgan Stanley Investment Advisors Inc.
464 F.3d 338 (2d Cir. 2006) Cited 139 times 1 Legal AnalysesHolding that in opposing a motion to dismiss, "bald assertions and conclusions of law will not suffice"
Hoffman v. Ubs-Ag
591 F. Supp. 2d 522 (S.D.N.Y. 2008) Cited 39 times 2 Legal AnalysesHolding that plaintiffs lacked standing to bring securities claims relating to funds that plaintiffs did not own
Jones v. Harris Assocs. L.P.
611 F. App'x 359 (7th Cir. 2015) Cited 15 times 2 Legal AnalysesConcluding upon remand from the Supreme Court that "Plaintiffs have not proffered evidence that would tend to show that [the investment adviser] provided pension funds (and other non-public clients) with the same sort of services that it provided to the [mutual] funds, or that it incurred the same costs when serving different types of clients"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,831 times 197 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 80a-35 - Breach of fiduciary duty
15 U.S.C. § 80a-35 Cited 311 times 6 Legal AnalysesImposing a “fiduciary duty with respect to the receipt of compensation for services, or of payments of a material nature ”