§Why CasetextPricing

Allcapcorp Ltd v. Chc Consulting Llc

Motion to Dismiss for Failure to State a Claim

39 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,589 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,823 times   369 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

  3. Neitzke v. Williams

    490 U.S. 319 (1989)   Cited 57,498 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"

  4. Alyeska Pipeline Co. v. Wilderness Soc'y

    421 U.S. 240 (1975)   Cited 4,772 times   9 Legal Analyses
    Holding American Rule governed absent specific statutory authorization for awarding attorney fees to prevailing party

  5. Ramming v. U.S.

    281 F.3d 158 (5th Cir. 2001)   Cited 3,558 times
    Holding that a court ruling on a Rule 12(b) motion may evaluate “ the complaint alone, the complaint supplemented by undisputed facts evidenced in the record, or the complaint supplemented by undisputed facts plus the court's resolution of disputed facts”

  6. Oasis West Realty, LLC v. Goldman

    51 Cal.4th 811 (Cal. 2011)   Cited 1,310 times   2 Legal Analyses
    Recognizing that an attorney "may not do anything which will injuriously affect former client in any matter in which [the attorney] formerly represented [the client]"

  7. Funk v. Stryker Corp.

    631 F.3d 777 (5th Cir. 2011)   Cited 884 times   1 Legal Analyses
    Holding court lacked jurisdiction to consider district court's denial of plaintiff's postjudgment motions because he did not file an amended, or separate, notice of appeal

  8. Thompson v. City of Waco

    764 F.3d 500 (5th Cir. 2014)   Cited 666 times   5 Legal Analyses
    Holding that adverse employment actions only include "ultimate employment decisions such as hiring, firing, demoting, promoting, granting leave, and compensating"

  9. Certiorari Denied

    536 U.S. 960 (2002)   Cited 279 times
    Holding that during marriage, a judgment creditor may garnish the tortfeasor's interest in the innocent spouse's wages

  10. Federal Land Bank Ass'n of Tyler v. Sloane

    825 S.W.2d 439 (Tex. 1992)   Cited 651 times
    Holding that statute of frauds did not bar recovery where plaintiff alleged negligent misrepresentation, not breach of contract

  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 357,946 times   950 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 162,144 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,995 times   62 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  14. Section 2202 - Further relief

    28 U.S.C. § 2202   Cited 2,624 times
    Permitting court to issue "[f]urther necessary or proper relief based on a declaratory judgment"

  15. Section 1060 - Generally

    Cal. Code Civ. Proc. § 1060   Cited 1,208 times   1 Legal Analyses
    Allowing a party who desires a declaration of his or her rights or duties with respect to another to ask for such a declaration, either alone or with other relief

  16. Section 10130 - Unlawful practice without license

    Cal. Bus. & Prof. Code § 10130   Cited 104 times   1 Legal Analyses
    Prohibiting a person from brokering real estate without a license "within this state"

  17. Rule 94 - Affirmative Defenses

    Tex. R. Civ. P. 94   Cited 1,628 times

    In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. Where the suit is on an insurance contract which