16 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,142 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 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
Citizens v. Bredesen
500 F.3d 523 (6th Cir. 2007) Cited 1,372 times
Affirming district court opinion
Bishop v. Lucent Tech
520 F.3d 516 (6th Cir. 2008) Cited 622 times 1 Legal Analyses
Holding that the claim was clearly barred by the three-year statute of limitations because the complaint alleged facts indicating that the plaintiffs had actual knowledge of their claim more than three years before the complaint was filed
E.I. Dupont De Nemours & Co. v. Rhone Poulenc Fiber & Resin Intermediates, S.A.S.
269 F.3d 187 (3d Cir. 2001) Cited 499 times 3 Legal Analyses
Holding that if a "third party happens to benefit from the performance of the promise either coincidentally or indirectly, then the third party will have no enforceable rights under the contract"
Mobil Oil Exploration & Producing Southeast, Inc. v. United States
530 U.S. 604 (2000) Cited 128 times
Holding "[w]hen the United States enters into contract relations, its rights and duties therein are governed generally by the law applicable to contracts between private individuals."
Appriva Shareholder v. EV3
937 A.2d 1275 (Del. 2007) Cited 182 times
Holding error in conversion of Rule 12(b) motion without notice is harmless when there is no set of facts on which plaintiff could recover
Vanderbilt Income & Growth Associates, L.L.C. v. Arvida/JMB Managers, Inc.
691 A.2d 609 (Del. 1996) Cited 216 times
Holding that the trial court may consider documents submitted by the defendant on a motion to dismiss solely for a non-hearsay purpose and therefore may not rely on factual assertions in the documents for the truth of the matter asserted
Brown Williamson Tobacco v. United States
201 F.2d 819 (6th Cir. 1953) Cited 528 times
Holding that because it is a drastic remedy, "the action of striking a complaint should be used sparingly by the courts"
Coleman v. Pricewaterhousecoopers
854 A.2d 838 (Del. 2004) Cited 80 times
Holding the Court erred in granting summary judgment because, inter alia, if the plaintiffs were on inquiry notice, "it cannot be determined, on the present record, whether a diligent inquiry by plaintiffs would have uncovered facts sufficient for them to assert an accounting malpractice claim."
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 354,229 times 943 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 15,441 times 49 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"

Mid-America Apartments, L.P. v. Fluid Dynamics Holdings, LLC et al

16 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Affirming district court opinion

Holding that the claim was clearly barred by the three-year statute of limitations because the complaint alleged facts indicating that the plaintiffs had actual knowledge of their claim more than three years before the complaint was filed

Holding that if a "third party happens to benefit from the performance of the promise either coincidentally or indirectly, then the third party will have no enforceable rights under the contract"

Holding "[w]hen the United States enters into contract relations, its rights and duties therein are governed generally by the law applicable to contracts between private individuals."

Holding error in conversion of Rule 12(b) motion without notice is harmless when there is no set of facts on which plaintiff could recover

Holding that the trial court may consider documents submitted by the defendant on a motion to dismiss solely for a non-hearsay purpose and therefore may not rely on factual assertions in the documents for the truth of the matter asserted

Holding that because it is a drastic remedy, "the action of striking a complaint should be used sparingly by the courts"

Holding the Court erred in granting summary judgment because, inter alia, if the plaintiffs were on inquiry notice, "it cannot be determined, on the present record, whether a diligent inquiry by plaintiffs would have uncovered facts sufficient for them to assert an accounting malpractice claim."

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"