13 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,709 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 266,625 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' "
Peatross v. City of Memphis
818 F.3d 233 (6th Cir. 2016) Cited 560 times
Holding allegations made out a claim against supervisor because allegations that supervisor "failed to train and supervise the officers to avoid the use of excessive force, failed to investigate the allegations of excessive force properly, and attempted to cover-up the unconstitutional conduct of his subordinates" showed that he "at least knowingly acquiesced in the unconstitutional conduct"
McCall v. Wilder
913 S.W.2d 150 (Tenn. 1995) Cited 685 times
Holding that what a defendant, or its employees acting in the scope of their employment, must do, or must not do, "is a question of the standard of conduct required to satisfy the duty"
Republic Bank & Trust Co. v. Bear Stearns & Co.
683 F.3d 239 (6th Cir. 2012) Cited 335 times 1 Legal Analyses
Holding that fraudulent statements must be specifically alleged, including the time and place the statements were made
Kilpatrick v. Bryant
868 S.W.2d 594 (Tenn. 1993) Cited 250 times 1 Legal Analyses
Holding that a plaintiff must prove it was more probable than not that medical negligence was the cause of her injuries, but “[t]his is not to say that a plaintiff could not recover for an aggravation of his physical condition if he proves by a balance of probabilities that the negligent act or omission caused the harm when there was a better than even chance of recovering to begin with.”
Hale v. Ostrow
166 S.W.3d 713 (Tenn. 2005) Cited 142 times
Evaluating proximate cause based on these two factors and whether the harm could have been reasonably foreseen are considered in evaluating proximate cause
Kaminski v. Coulter
865 F.3d 339 (6th Cir. 2017) Cited 93 times
Holding that the Contracts Clause is "a structural limitation placed upon the power of the States," so "an alleged Contracts Clause violation cannot give rise to a cause of action under § 1983"
Haynes v. Hamilton County
883 S.W.2d 606 (Tenn. 1994) Cited 148 times 1 Legal Analyses
Holding officers pursuit decisions subject to reasonableness analysis
King v. Anderson Cnty.
419 S.W.3d 232 (Tenn. 2013) Cited 77 times
Providing thorough discussion of cause in fact and proximate cause
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 345,885 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,205 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Powell v. Oldham

13 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 what a defendant, or its employees acting in the scope of their employment, must do, or must not do, "is a question of the standard of conduct required to satisfy the duty"

Holding that fraudulent statements must be specifically alleged, including the time and place the statements were made

Evaluating proximate cause based on these two factors and whether the harm could have been reasonably foreseen are considered in evaluating proximate cause

Holding that the Contracts Clause is "a structural limitation placed upon the power of the States," so "an alleged Contracts Clause violation cannot give rise to a cause of action under § 1983"

Holding officers pursuit decisions subject to reasonableness analysis

Providing thorough discussion of cause in fact and proximate cause

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."