27 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 254,855 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,629 times 366 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' "
Erickson v. Pardus
551 U.S. 89 (2007) Cited 62,210 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"
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,634 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Foman v. Davis
371 U.S. 178 (1962) Cited 28,803 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Horizon/CMS Healthcare Corp. v. Auld
34 S.W.3d 887 (Tex. 2000) Cited 819 times 1 Legal Analyses
Holding that "the more specific statute controls over the more general"
Design Strategy v. Davis
469 F.3d 284 (2d Cir. 2006) Cited 603 times 1 Legal Analyses
Holding that a bad faith requirement "should not be read into the Rule."
Yinguang Chem. Ind. v. Potter
607 F.3d 1029 (5th Cir. 2010) Cited 321 times 1 Legal Analyses
Holding significant payment, among other factors, did not support inference that the defendant did not intend to pay
Wellogix, Inc. v. Accenture, L.L.P.
716 F.3d 867 (5th Cir. 2013) Cited 260 times 6 Legal Analyses
Holding sufficient evidence of improper acquisition existed when parties entered into confidential agreements that gave the offending party access to the alleged trade secret materials
SCS Communications, Inc. v. Herrick Co.
360 F.3d 329 (2d Cir. 2004) Cited 328 times
Holding that a condition was precedent to performance because the contract language did not explicitly state that it was precedent to formation
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,408 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 111,995 times 572 Legal Analyses
Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 91,180 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 1441 - Removal of civil actions
28 U.S.C. § 1441 Cited 50,272 times 151 Legal Analyses
Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”
Section 1446 - Procedure for removal of civil actions
28 U.S.C. § 1446 Cited 21,909 times 141 Legal Analyses
Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
Section 190 - Definitions
N.Y. Lab. Law § 190 Cited 967 times 7 Legal Analyses
Defining "wages" as "earnings for labor or services rendered"
Section 41.001 - Definitions
Tex. Civ. Prac. & Rem. Code § 41.001 Cited 609 times 6 Legal Analyses
Defining the standard for gross negligence
Section 134A.007 - Effect on Other Law
Tex. Civ. Prac. & Rem. Code § 134A.007 Cited 58 times 2 Legal Analyses
Stating that the TUTSA generally "displaces conflicting tort, restitutionary, and other law of [Texas] providing civil remedies for misappropriation of a trade secret"

Atlas Commodities, LLC v. Crosby et al

27 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

Holding that "the more specific statute controls over the more general"

Holding that a bad faith requirement "should not be read into the Rule."

Holding significant payment, among other factors, did not support inference that the defendant did not intend to pay

Holding sufficient evidence of improper acquisition existed when parties entered into confidential agreements that gave the offending party access to the alleged trade secret materials

Holding that a condition was precedent to performance because the contract language did not explicitly state that it was precedent to formation

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

Defining "wages" as "earnings for labor or services rendered"

Defining the standard for gross negligence

Stating that the TUTSA generally "displaces conflicting tort, restitutionary, and other law of [Texas] providing civil remedies for misappropriation of a trade secret"