27 Cited authorities

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
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
Papasan v. Allain
478 U.S. 265 (1986) Cited 17,285 times 6 Legal Analyses
Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
Davis v. Coca-Cola Bottling
516 F.3d 955 (11th Cir. 2008) Cited 970 times 2 Legal Analyses
Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine
Byrne v. Nezhat
261 F.3d 1075 (11th Cir. 2001) Cited 943 times 2 Legal Analyses
Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case
Marshall Cty. Bd. of Educ. v. Marshall Cty
992 F.2d 1171 (11th Cir. 1993) Cited 1,020 times
Finding that under Rule 12(b), dismissal of a complaint is appropriate "when, on the basis of a dispositive issue of law, no construction of the factual allegations will support the cause of action."
Strat. Income Fund v. Spear, Leeds Kellogg
305 F.3d 1293 (11th Cir. 2002) Cited 715 times 1 Legal Analyses
Deciding that the third amended complaint, which contained 127 paragraphs, all incorporated by reference into nine separate counts created an "onerous task" for the trial court to sift through
Equal Employment Opportunity Commission v. Joe's Stone Crab, Inc.
220 F.3d 1263 (11th Cir. 2000) Cited 380 times
Holding that subjective interview could trigger Title VII disparate-impact liability, but holding that liability was not appropriate because no showing of causation
Walker v. City of Huntsville
62 So. 3d 474 (Ala. 2010) Cited 95 times
Holding that a plaintiff's assault and battery claims against a police officer were barred by collateral estoppel after a federal court, resolving the same plaintiff's § 1983 excessive force claim, determined the police officer's use of force did not violate the Fourth Amendment
Flying J Fish Farm v. Peoples Bank
12 So. 3d 1185 (Ala. 2009) Cited 61 times
Holding bank owed to borrower no fiduciary or other tort-based duty to use reasonable care to determine that borrower would have the means to repay the loan
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
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. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,889 times 331 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 2000e-5 - Enforcement provisions
42 U.S.C. § 2000e-5 Cited 27,344 times 124 Legal Analyses
Holding charges must be made in writing, under oath, and contain all information as the Commission requires
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 20,291 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
Section 25-5-11.1 - Employee not to be terminated solely for action to recover benefits nor for filing notice of safety rule violation
Ala. Code § 25-5-11.1 Cited 235 times 2 Legal Analyses
Providing "[n]o employee shall be terminated by an employer solely because the employee has instituted or maintained any action against the employer to recover workers' compensation benefits under this chapter . . .."

Andrews et al v. Daeil USA Copr. et al

27 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 Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine

Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case

Finding that under Rule 12(b), dismissal of a complaint is appropriate "when, on the basis of a dispositive issue of law, no construction of the factual allegations will support the cause of action."

Deciding that the third amended complaint, which contained 127 paragraphs, all incorporated by reference into nine separate counts created an "onerous task" for the trial court to sift through

Holding that subjective interview could trigger Title VII disparate-impact liability, but holding that liability was not appropriate because no showing of causation

Holding that a plaintiff's assault and battery claims against a police officer were barred by collateral estoppel after a federal court, resolving the same plaintiff's § 1983 excessive force claim, determined the police officer's use of force did not violate the Fourth Amendment

Holding bank owed to borrower no fiduciary or other tort-based duty to use reasonable care to determine that borrower would have the means to repay the loan

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. . . ."

Requiring that fraud be pleaded with particularity

Holding charges must be made in writing, under oath, and contain all information as the Commission requires

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

Providing "[n]o employee shall be terminated by an employer solely because the employee has instituted or maintained any action against the employer to recover workers' compensation benefits under this chapter . . .."