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PerplexityBell Atlantic Corp. v. Twombly
Claims must be plausible, not merely conceivable.
Practice Area Spotlight
Commercial & Business Litigation
Commercial litigators use Midpage to research contract and fraud claims, fiduciary-duty disputes, business torts, arbitration cases, and jurisdiction and venue battles. The statutes, rules, and case law behind that work are collected below.
How Commercial Litigators Use Midpage
Browse to see how Midpage works through commercial questions from real lawyers.
Economic Loss Doctrine by StateCompare how the leading commercial jurisdictions apply the economic loss doctrine to fraudulent-inducement claims pleaded alongside breach of contract.Implied Covenant Under Delaware LawHow has the Court of Chancery applied the implied covenant of good faith and fair dealing where an LLC agreement waives fiduciary duties? Collect recent decisions.Consequential Damages WaiversFind decisions construing consequential-damages exclusions and limitation-of-liability clauses in commercial contracts, and summarize when courts refuse to enforce them.Books-and-Records DemandsSummarize the proper-purpose and scope standards for § 220 demands after the 2025 DGCL amendments, with recent Chancery applications.Liquidated Damages vs. PenaltiesCollect decisions from New York and Delaware distinguishing enforceable liquidated-damages provisions from unenforceable penalties.Tortious Interference StandardsCompare the improper-means and justification standards for tortious interference with contract versus prospective business relations in the major commercial states.
Core Commercial Collections
The statutes, rules, and courts behind commercial and business litigation.
Statutes
The Federal Arbitration Act, federal business-tort statutes, the jurisdictional framework of Title 28, and the Delaware and state commercial codes that frame commercial disputes.
| FAA § 2 — Validity of arbitration agreements Savings clause and preemption after Concepcion | 9 U.S.C. § 2 |
| FAA §§ 3–4 — Stay & motions to compel Mandatory stay after Smith v. Spizzirri; petitions to compel arbitration | 9 U.S.C. §§ 3–4 |
| FAA §§ 9–11 — Confirmation, vacatur & modification Grounds and jurisdiction after Badgerow | 9 U.S.C. §§ 9–11 |
| FAA § 16 — Appeals Interlocutory appeals from orders denying arbitration | 9 U.S.C. § 16 |
Rules & Regulations
The Federal Rules of Civil Procedure that decide commercial cases before the merits, plus the practice rules of the leading state business courts.
| Rules 8 & 12 — Pleading & motions to dismiss Twombly/Iqbal plausibility and Rule 12(b) defenses | Fed. R. Civ. P. 8, 12 |
| Rule 9(b) — Pleading fraud with particularity Heightened pleading for fraud and mistake | Fed. R. Civ. P. 9(b) |
| Rule 26 — Discovery scope & proportionality Proportionality, ESI, and privilege logs; reflects the Dec. 2025 amendments | Fed. R. Civ. P. 26 |
| Rule 56 — Summary judgment Genuine disputes of material fact; the Celotex trilogy standard | Fed. R. Civ. P. 56 |
| Rule 65 — Injunctions & TROs Preliminary relief in business disputes; bond and notice requirements | Fed. R. Civ. P. 65 |
| N.Y. Commercial Division RulesComing soon Practice rules for New York’s business court | 22 NYCRR § 202.70 |
| Delaware Court of Chancery RulesComing soon Procedural rules for Delaware’s court of equity | Del. Ch. Ct. R. |
Courts & Tribunals
The appellate, trial, and specialized business courts where commercial disputes are heard — plus the arbitral awards that reach them.
| Appellate U.S. Supreme Court; all 13 federal circuits; Delaware Supreme Court; N.Y. Court of Appeals and Appellate Division; state supreme and appellate courts nationwide |
| Trial U.S. District Courts — including S.D.N.Y., D. Del., N.D. Ill., N.D. Cal., and S.D. Fla. — plus the remaining federal district courts nationwide |
| Specialized business courts Delaware Court of Chancery; N.Y. Commercial Division; Texas Business Court; North Carolina Business Court |
| Arbitration AAA, JAMS, and ICC awards reach the corpus through FAA confirmation and vacatur proceedings in federal and state court |
Key Cases
The controlling authorities — linked to full text, treatment, and citing decisions in Midpage.
Ashcroft v. Iqbal
Twombly’s plausibility standard applies to all civil complaints.
AT&T Mobility LLC v. Concepcion
The FAA preempts state rules conditioning arbitration enforceability on class procedures.
Atlantic Marine Constr. Co. v. U.S. Dist. Court
Valid forum-selection clauses control in all but the most exceptional cases.
Daimler AG v. Bauman
General jurisdiction lies only where a corporation is “at home.”
RJR Nabisco, Inc. v. European Community
Civil RICO’s private right of action requires a domestic injury.
Henry Schein, Inc. v. Archer & White Sales
No “wholly groundless” exception — delegation clauses send arbitrability to the arbitrator.
Ford Motor Co. v. Montana Eighth Judicial Dist.
Claims need only “relate to” forum contacts — no strict causation required.
Badgerow v. Walters
No look-through jurisdiction for FAA §§ 9–10 petitions to confirm or vacate awards.
ZF Automotive U.S., Inc. v. Luxshare, Ltd.
Section 1782 discovery reaches only governmental tribunals — not private arbitration panels.
Mallory v. Norfolk Southern Ry.
Consent-by-registration statutes can constitutionally establish general jurisdiction.
Smith v. Spizzirri
Courts must stay — not dismiss — suits sent to arbitration when a party requests a stay.
Coinbase, Inc. v. Suski
When contracts conflict over arbitrability, a court decides which agreement governs.
Medical Marijuana, Inc. v. Horn
Economic losses flowing from a personal injury can be injury to “business or property” under civil RICO.
Corwin v. KKR Financial Holdings
A fully informed, uncoerced stockholder vote restores the business judgment rule.
Marchand v. Barnhill
Caremark oversight requires a good-faith effort to monitor mission-critical risks at the board level.
In re Match Group, Inc. Derivative Litig.
MFW applies to all controller transactions reviewed under entire fairness — with a fully independent committee.