8 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,791 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
General Universal Systems, Inc. v. Lee
379 F.3d 131 (5th Cir. 2004) Cited 624 times 1 Legal Analyses
Holding party "may not use a Rule 60(b) motion as an occasion to relitigate its case"
Arista Records LLC v. Greubel
453 F. Supp. 2d 961 (N.D. Tex. 2006) Cited 63 times
Holding that failure to attach the copyright registration is not grounds for dismissal where plaintiff pleads that they have registered copyrights properly with the copyright office
Chavez v. Arte Publico Press
204 F.3d 601 (5th Cir. 2000) Cited 51 times 2 Legal Analyses
Finding that testimony presented to Congress primarily concerned threat of future abuse of immunity from damages by the States as opposed to evidence of current constitutional deprivations
ZeniMax Media, Inc. v. Oculus VR, LLC
166 F. Supp. 3d 697 (N.D. Tex. 2015) Cited 9 times
Stating that jury instruction as to applicability of TUTSA or common law would be determined after discovery revealed when alleged misappropriation occurred
Randolph v. Dimension Films
630 F. Supp. 2d 741 (S.D. Tex. 2009) Cited 10 times
Concluding that a claim under the Texas DTPA was preempted because “the gravamen of the plaintiff's complaint is the wrongful copying of her work and the distribution of the infringing work”
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 362,607 times 962 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 164,455 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Architettura Inc V Dsgn Associates Inc, et al

8 Cited authorities

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 party "may not use a Rule 60(b) motion as an occasion to relitigate its case"

Holding that failure to attach the copyright registration is not grounds for dismissal where plaintiff pleads that they have registered copyrights properly with the copyright office

Finding that testimony presented to Congress primarily concerned threat of future abuse of immunity from damages by the States as opposed to evidence of current constitutional deprivations

Stating that jury instruction as to applicability of TUTSA or common law would be determined after discovery revealed when alleged misappropriation occurred

Concluding that a claim under the Texas DTPA was preempted because “the gravamen of the plaintiff's complaint is the wrongful copying of her work and the distribution of the infringing work”

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. . . ."