58 Cited authorities

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' "
Erickson v. Pardus
551 U.S. 89 (2007) Cited 61,647 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"
Neitzke v. Williams
490 U.S. 319 (1989) Cited 55,780 times
Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"
Scheuer v. Rhodes
416 U.S. 232 (1974) Cited 22,286 times 3 Legal Analyses
Holding that executive branch officers had qualified immunity
Von Saher v. Norton Simon Museum of Art
578 F.3d 1016 (9th Cir. 2009) Cited 1,186 times
Holding that a court may take judicial notice of publications to establish what was in the public realm at the time
La Grasta v. First Union Securities, Inc.
358 F.3d 840 (11th Cir. 2004) Cited 1,359 times 1 Legal Analyses
Holding that dismissal on statute-of-limitations grounds is "appropriate only if it is apparent from the face of the complaint that the claim is time-barred"
Supermail Cargo, Inc. v. U.S.
68 F.3d 1204 (9th Cir. 1995) Cited 695 times
Holding that a "complaint cannot be dismissed unless it appears beyond doubt that the plaintiff can prove no set of facts that would establish the timeliness of the claim"
Michaels Bldg. Co. v. Ameritrust Co., N.A.
848 F.2d 674 (6th Cir. 1988) Cited 697 times
Holding that plaintiffs alleging RICO civil fraud claims that failed to satisfy Rule 9(b)'s particularity requirement were entitled to opportunity for discovery under Rule 11(b) before their claims were dismissed
Falk v. General Motors Corp.
496 F. Supp. 2d 1088 (N.D. Cal. 2007) Cited 315 times 1 Legal Analyses
Holding that plaintiffs stated an unfair practices claim where defendant, a car manufacturer, "failed to meet its duty to disclose any known and material defects"
Major League Baseball v. Morsani
790 So. 2d 1071 (Fla. 2001) Cited 298 times 2 Legal Analyses
Holding that § 95.051 "delineates an exclusive list of conditions that can 'toll' the running of the statute of limitations."
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. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,923 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,532 times 61 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 22,415 times 87 Legal Analyses
Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
Section 2310 - Remedies in consumer disputes
15 U.S.C. § 2310 Cited 1,604 times 10 Legal Analyses
Permitting recovery of "a sum equal to the aggregate amount of cost and expenses (including attorneys’ fees based on actual time expended)"
Rule 57 - Declaratory Judgment
Fed. R. Civ. P. 57 Cited 1,553 times 4 Legal Analyses
Preserving right to trial by jury in declaratory judgment action under circumstances and in manner provided in Rules 38 and 39
Section 12-541 - Malicious prosecution; false imprisonment; libel or slander; seduction or breach of promise of marriage; breach of employment contract; wrongful termination; liability created by statute; one year limitation
Ariz. Rev. Stat. § 12-541 Cited 299 times
Providing that an action "[u]pon a liability created by statute, other than a penalty or forfeiture," must be brought within one year
Section 44-1522 - Unlawful practices; intended interpretation of provisions
Ariz. Rev. Stat. § 44-1522 Cited 237 times 3 Legal Analyses
Listing "false pretense, false promise, misrepresentation, or concealment, suppression, or omission of any material fact" as prohibited acts

Adelman v. Rheem Manufacturing Company

58 Cited authorities

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 a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"

Holding that executive branch officers had qualified immunity

Holding that a court may take judicial notice of publications to establish what was in the public realm at the time

Holding that dismissal on statute-of-limitations grounds is "appropriate only if it is apparent from the face of the complaint that the claim is time-barred"

Holding that a "complaint cannot be dismissed unless it appears beyond doubt that the plaintiff can prove no set of facts that would establish the timeliness of the claim"

Holding that plaintiffs alleging RICO civil fraud claims that failed to satisfy Rule 9(b)'s particularity requirement were entitled to opportunity for discovery under Rule 11(b) before their claims were dismissed

Holding that plaintiffs stated an unfair practices claim where defendant, a car manufacturer, "failed to meet its duty to disclose any known and material defects"

Holding that § 95.051 "delineates an exclusive list of conditions that can 'toll' the running of the statute of limitations."

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. . . ."

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Granting district courts the authority to create a remedy with the force of a final judgment

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

Permitting recovery of "a sum equal to the aggregate amount of cost and expenses (including attorneys’ fees based on actual time expended)"

Preserving right to trial by jury in declaratory judgment action under circumstances and in manner provided in Rules 38 and 39

Providing that an action "[u]pon a liability created by statute, other than a penalty or forfeiture," must be brought within one year

Listing "false pretense, false promise, misrepresentation, or concealment, suppression, or omission of any material fact" as prohibited acts