22 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,709 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,625 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 61,647 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
  4. La Grasta v. First Union Securities, Inc.

    358 F.3d 840 (11th Cir. 2004)   Cited 1,359 times   1 Legal Analyses
    Holding that dismissal on statute-of-limitations grounds is "appropriate only if it is apparent from the face of the complaint that the claim is time-barred"
  5. Financial Sec. v. Stephens, Inc.

    500 F.3d 1276 (11th Cir. 2007)   Cited 609 times
    Holding that it is appropriate to consider a document attached to a motion to dismiss when "a plaintiff refers to a document in its complaint, the document is central to its claim, its contents are not in dispute, and the defendant attaches the document to its motion to dismiss"
  6. Rivell v. Private

    520 F.3d 1308 (11th Cir. 2008)   Cited 245 times   1 Legal Analyses

    No. 07-12387. March 24, 2008. Jay D. Brownstein, Brownstein, Nguyen Little, LLP, Tucker, GA, Kevin S. Little, Brownstein, Nguyen Little, LLP, Atlanta, GA, for Plaintiffs-Appellants. Christopher E. Parker, Mozley, Finlayson Loggins, LLP, Ronald J. Stay, Jr., Stites Harbison, PLLC, Atlanta, GA, David E. Hudson, Hull, Towell, Norman, Barrett Salley, PC, Augusta, GA, for Defendants-Appellees. Appeal from the United States District Court for the Southern District of Georgia. Before ANDERSON, BLACK and

  7. Rasnick v. Krishna Hospitality, Inc.

    289 Ga. 565 (Ga. 2011)   Cited 57 times   1 Legal Analyses
    In Rasnick v. Krishna Hosp., Inc., 289 Ga. 565, 713 S.E.2d 835 (2011), our Supreme Court addressed the duty of inkeepers when a guest experiences a medical emergency and held that "a person is under no duty to rescue another from a situation of peril which the former has not caused."
  8. United Companies Lending Corp. v. Peacock

    267 Ga. 145 (Ga. 1996)   Cited 69 times
    Concluding that remand was necessary when the trial court failed to make specific findings of fact before granting a permanent injunction
  9. Leo v. Waffle House

    298 Ga. App. 838 (Ga. Ct. App. 2009)   Cited 39 times
    Ruling that restaurant employee’s conduct in preparing a concoction containing corrosive dishwasher detergent and daring plaintiff to drink it, resulting in injuries to plaintiff, did not give rise to actionable negligent supervision claim against restaurant, absent evidence that restaurant knew or should have known that employee had engaged in such reckless behavior previously
  10. Phinazee v. Interstate Nationalease, Inc.

    237 Ga. App. 39 (Ga. Ct. App. 1999)   Cited 55 times
    Stating that mere insults and indignities do not constitute extreme and outrageous conduct
  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 345,885 times   922 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 156,205 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 13-6-11 - Recovery of expenses of litigation generally

    Ga. Code § 13-6-11   Cited 1,656 times   4 Legal Analyses
    Permitting recovery of attorney's fees against a party that “has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense”
  14. Section 9-3-33 - Injuries to the person; injuries to reputation; loss of consortium; exception

    Ga. Code § 9-3-33   Cited 1,008 times   1 Legal Analyses
    Providing a two-year statute-of-limitations for personal injury claims
  15. Section 9-3-31 - Injuries to personalty

    Ga. Code § 9-3-31   Cited 173 times   1 Legal Analyses
    Imposing a four-year limitations period on claims for false endorsement under Georgia law
  16. Section 51-2-2 - Liability for torts of spouse, child, or servant in certain instances

    Ga. Code § 51-2-2   Cited 131 times   1 Legal Analyses
    Providing for vicarious liability for torts "committed by negligence or voluntarily"
  17. Section 9-3-99 - Tolling of limitations for tort actions while criminal prosecution is pending

    Ga. Code § 9-3-99   Cited 64 times   1 Legal Analyses
    Providing that the statute of limitation for the victim of a crime to bring a tort action is tolled "until the prosecution of such crime or act has become final or otherwise terminated"