16 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,185 times 369 Legal Analyses
Holding 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
Formosa Plast v. Presidio Engineers
960 S.W.2d 41 (Tex. 1998) Cited 1,737 times 1 Legal Analyses
Holding that evidence of damages was legally insufficient and overly speculative where the interested party testified that, had he known the truth, he would have increased his bid from $600,000 to $1.3 million, a bid that likely would have never been accepted by the offending party
Southland Securities v. Inspire Ins. Solutions
365 F.3d 353 (5th Cir. 2004) Cited 1,179 times 9 Legal Analyses
Holding that when determining whether a statement made by a corporation was made with scienter it is “appropriate to look to the state of mind of the individual corporate official or officials who make or issue the statement ... rather than generally to the collective knowledge of all the corporation's officers and employees”
Italian Cowboy Partners v. Prudential Ins. Co.
341 S.W.3d 323 (Tex. 2011) Cited 733 times 7 Legal Analyses
Holding that a standard merger clause does not disclaim reliance on promises that led to the formation of that contract
Southwestern Bell Telephone Co. v. Delanney
809 S.W.2d 493 (Tex. 1991) Cited 733 times 1 Legal Analyses
Holding a defendant could not be liable for negligently failing to publish an advertisement as contracted
Yinguang Chem. Ind. v. Potter
607 F.3d 1029 (5th Cir. 2010) Cited 331 times 1 Legal Analyses
Holding significant payment, among other factors, did not support inference that the defendant did not intend to pay
Jim Walter Homes Inc. v. Reed
711 S.W.2d 617 (Tex. 1986) Cited 517 times
Holding that a defendant could not be liable for exemplary damages for gross negligence in executing a home construction contract
Bank One, Tx. v. Stewart
967 S.W.2d 419 (Tex. App. 1998) Cited 123 times
Holding that "if an act by one person cannot give rise to a cause of action, then the same act cannot give rise to a cause of action [for civil conspiracy] if done pursuant to an agreement between several persons"
Reyna v. First Natl Bank
55 S.W.3d 58 (Tex. App. 2001) Cited 33 times
Holding that if employment contract is to extend beyond one year, it must be in writing in accordance with the statute of frauds
Gay v. City of Wichita Falls
457 S.W.3d 499 (Tex. App. 2014) Cited 17 times
Recognizing the 1987 Texas constitutional amendment gave the Legislature authority to define governmental and proprietary functions, including the authority to reclassify definitions already existing at common law
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 357,280 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,612 times 51 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Hunt Construction Group v. Cobb Mechanical Contractors, Inc. et al

16 Cited authorities

Holding 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

Holding that evidence of damages was legally insufficient and overly speculative where the interested party testified that, had he known the truth, he would have increased his bid from $600,000 to $1.3 million, a bid that likely would have never been accepted by the offending party

Holding that a standard merger clause does not disclaim reliance on promises that led to the formation of that contract

Holding a defendant could not be liable for negligently failing to publish an advertisement as contracted

Holding significant payment, among other factors, did not support inference that the defendant did not intend to pay

Holding that a defendant could not be liable for exemplary damages for gross negligence in executing a home construction contract

Holding that "if an act by one person cannot give rise to a cause of action, then the same act cannot give rise to a cause of action [for civil conspiracy] if done pursuant to an agreement between several persons"

Holding that if employment contract is to extend beyond one year, it must be in writing in accordance with the statute of frauds

Recognizing the 1987 Texas constitutional amendment gave the Legislature authority to define governmental and proprietary functions, including the authority to reclassify definitions already existing at common law

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

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"