24 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,796 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 279,848 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
Int'l Energy Ventures Mgmt., L.L.C. v. United Energy Grp., Ltd.
818 F.3d 193 (5th Cir. 2016) Cited 662 times 3 Legal Analyses
Holding that the federal pleading standard applies when determining whether a plaintiff has stated a claim against a non-diverse defendant
Mumfrey v. CVS Pharmacy, Inc.
719 F.3d 392 (5th Cir. 2013) Cited 579 times 2 Legal Analyses
Holding that for "disparate treatment" to evidence pretext, "the situation and conduct of the employees must be 'nearly identical,'" including job responsibilities and disciplinary records
Medina v. Ramsey Steel Company Inc.
238 F.3d 674 (5th Cir. 2001) Cited 676 times 2 Legal Analyses
Holding that a plaintiff can establish a causal link by showing that "the employer's decision . . . was based in part on knowledge of the employee's protected activity"
Prudential Insurance Co. of America v. Financial Review Services, Inc.
29 S.W.3d 74 (Tex. 2000) Cited 677 times
Holding that enforcing a party's legal rights is not considered tortious interference
Holloway v. Skinner
898 S.W.2d 793 (Tex. 1995) Cited 327 times 2 Legal Analyses
Holding that corporate officer and majority shareholder could be held liable for acting “in a manner that served his interests at the expense of the other shareholders” because his interests and the corporation's were not necessarily aligned
Hussong v. Schwan's Sales Enterprises, Inc.
896 S.W.2d 320 (Tex. App. 1995) Cited 157 times
In Hussong v. Schwan's Sales Enterprises, 896 S.W.2d 320, 322 (Tex.App.—Houston [1st Dist.] 1995, no writ), the plaintiff sued his former employer for breach of an employment agreement.
Powell Industries, Inc. v. Allen
985 S.W.2d 455 (Tex. 1998) Cited 120 times
Holding that defendant conclusively disproved one element of tortious interference
Winters v. Chubb Son
132 S.W.3d 568 (Tex. App. 2004) Cited 76 times
In Winters, an underwriter asserted a discriminatory constructive discharge claim based on his resignation after receiving performance warnings and after his underwriting authority was revoked and was not reinstated.
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 361,487 times 960 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 163,896 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Alviar v. Macy's Inc et al

24 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

Holding that the federal pleading standard applies when determining whether a plaintiff has stated a claim against a non-diverse defendant

Holding that for "disparate treatment" to evidence pretext, "the situation and conduct of the employees must be 'nearly identical,'" including job responsibilities and disciplinary records

Holding that a plaintiff can establish a causal link by showing that "the employer's decision . . . was based in part on knowledge of the employee's protected activity"

Holding that enforcing a party's legal rights is not considered tortious interference

Holding that corporate officer and majority shareholder could be held liable for acting “in a manner that served his interests at the expense of the other shareholders” because his interests and the corporation's were not necessarily aligned

In Hussong v. Schwan's Sales Enterprises, 896 S.W.2d 320, 322 (Tex.App.—Houston [1st Dist.] 1995, no writ), the plaintiff sued his former employer for breach of an employment agreement.

Holding that defendant conclusively disproved one element of tortious interference

In Winters, an underwriter asserted a discriminatory constructive discharge claim based on his resignation after receiving performance warnings and after his underwriting authority was revoked and was not reinstated.

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. . . ."