§Why CasetextPricing

Mills et al v. Atlas Drilling LLC

RESPONSE in Opposition re MOTION to Dismiss

44 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,377 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,313 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' "

  3. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 61,559 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  4. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,752 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  5. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,278 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  6. Skinner v. Switzer

    562 U.S. 521 (2011)   Cited 2,885 times   3 Legal Analyses
    Holding that a state prisoner's "postconviction claim for DNA testing is properly pursued in a § 1983 action"

  7. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,484 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  8. H. J. Inc. v. Northwestern Bell Telephone Co.

    492 U.S. 229 (1989)   Cited 3,622 times   9 Legal Analyses
    Holding that the continuity prong can be met by showing that related predicate offenses continued over a substantial period of time or posed a threat of continuing activity

  9. Hall v. Bellmon

    935 F.2d 1106 (10th Cir. 1991)   Cited 16,878 times
    Holding for pro se litigants that "conclusory allegations without supporting factual averments are insufficient to state a claim on which relief can be based"

  10. Smith v. U.S.

    561 F.3d 1090 (10th Cir. 2009)   Cited 2,756 times
    Holding a Bivens action not barred by the IACA

  11. 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 345,529 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

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,008 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 37,856 times   235 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race

  14. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,864 times   59 Legal Analyses
    Specifying prohibited activities

  15. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,944 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  16. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,085 times   41 Legal Analyses
    Granting civil remedies for RICO violation