16 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 269,029 times 281 Legal Analyses
Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 281,939 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
Lapides v. Board of Regents of University System
535 U.S. 613 (2002) Cited 2,322 times 6 Legal Analyses
Holding that a state that joins in the removal of state-law claims to federal court waives its Eleventh Amendment immunity on those causes of action
College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board
527 U.S. 666 (1999) Cited 1,732 times 13 Legal Analyses
Holding there is no fundamental property right in "the activity of doing business, or the activity of making a profit"
Taylor v. Books a Million, Inc.
296 F.3d 376 (5th Cir. 2002) Cited 1,933 times 1 Legal Analyses
Holding plaintiffs in Title VII cases "must exhaust administrative remedies before pursuing claims in federal court"
Alcatel USA, Inc. v. DGI Technologies, Inc.
166 F.3d 772 (5th Cir. 1999) Cited 231 times 6 Legal Analyses
Holding that where a jury demand has been made, an issue is submitted to the jury without objection, and "the possibility that the jury's findings might be advisory was never mentioned until after the verdict was returned," the verdict is binding under Rule 39(c)
Union Pacific R.R. Co. v. Louisiana Pub. Serv. Comm'n
662 F.3d 336 (5th Cir. 2011) Cited 144 times
Finding that the State of Louisiana had not waived Eleventh Amendment immunity by failing to raise it as a defense in district court but instead litigating on the merits
Kelly v. L.L. Cool J.
145 F.R.D. 32 (S.D.N.Y. 1992) Cited 205 times
Holding that, to adequately plead copyright infringement, a plaintiff must allege "by what acts during what time the defendant infringed the copyright"
Rodriguez v. Texas Commission on the Arts
199 F.3d 279 (5th Cir. 2000) Cited 91 times
Holding that the Patent Remedy Act did not effectively abrogate the States' sovereign immunity because its attempt to do so was not a valid act of Congressional power
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
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 363,942 times 963 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 165,126 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

16 Cited authorities

Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

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 a state that joins in the removal of state-law claims to federal court waives its Eleventh Amendment immunity on those causes of action

Holding there is no fundamental property right in "the activity of doing business, or the activity of making a profit"

Holding plaintiffs in Title VII cases "must exhaust administrative remedies before pursuing claims in federal court"

Holding that where a jury demand has been made, an issue is submitted to the jury without objection, and "the possibility that the jury's findings might be advisory was never mentioned until after the verdict was returned," the verdict is binding under Rule 39(c)

Finding that the State of Louisiana had not waived Eleventh Amendment immunity by failing to raise it as a defense in district court but instead litigating on the merits

Holding that, to adequately plead copyright infringement, a plaintiff must allege "by what acts during what time the defendant infringed the copyright"

Holding that the Patent Remedy Act did not effectively abrogate the States' sovereign immunity because its attempt to do so was not a valid act of Congressional power

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

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. . . ."