7 Cited authorities

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
Whitmore v. Arkansas
495 U.S. 149 (1990) Cited 2,908 times 16 Legal Analyses
Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"
Crenshaw v. Lister
556 F.3d 1283 (11th Cir. 2009) Cited 322 times
Holding use of K9 force during arrest—including 31 dog bites—was reasonable because arrestee was suspected of committing serious crimes, actively fled from police, and police thought he might be armed
Miccosukee Tribe of Indians v. Florida State Athletic Commission
226 F.3d 1226 (11th Cir. 2000) Cited 120 times
Holding that courts "cannot speculate" concerning the existence of standing, nor should courts "imagine or piece together an injury sufficient to give plaintiff standing"
Barber v. Am.'s Wholesale Lender
542 F. App'x 832 (11th Cir. 2013) Cited 21 times
Finding that plaintiff's complaint failed to state claim for rescission because of a lack of allegations that plaintiffs were willing to return defendant to the status quo
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 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

A & E Auto Body, Inc. et al v. 21st Century Centennial Insurance Company et al

7 Cited authorities

Bell Atl. Corp. v. Twombly

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

Whitmore v. Arkansas

Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"

Crenshaw v. Lister

Holding use of K9 force during arrest—including 31 dog bites—was reasonable because arrestee was suspected of committing serious crimes, actively fled from police, and police thought he might be armed

Miccosukee Tribe of Indians v. Florida State Athletic Commission

Holding that courts "cannot speculate" concerning the existence of standing, nor should courts "imagine or piece together an injury sufficient to give plaintiff standing"

Barber v. Am.'s Wholesale Lender

Finding that plaintiff's complaint failed to state claim for rescission because of a lack of allegations that plaintiffs were willing to return defendant to the status quo

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

Rule 4 - Summons

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time