34 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,882 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 277,112 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
Erie R. Co. v. Tompkins
304 U.S. 64 (1938) Cited 20,733 times 18 Legal Analyses
Holding that state law governs substantive issues and federal law governs procedural issues
Formosa Plast v. Presidio Engineers
960 S.W.2d 41 (Tex. 1998) Cited 1,739 times 1 Legal Analyses
Holding that evidence of damages was legally insufficient and overly speculative where the interested party testified that, had he known the truth, he would have increased his bid from $600,000 to $1.3 million, a bid that likely would have never been accepted by the offending party
Int'l Energy Ventures Mgmt., L.L.C. v. United Energy Grp., Ltd.
818 F.3d 193 (5th Cir. 2016) Cited 653 times 3 Legal Analyses
Holding that the federal pleading standard applies when determining whether a plaintiff has stated a claim against a non-diverse defendant
Williams v. WMX Technologies, Inc.
112 F.3d 175 (5th Cir. 1997) Cited 1,057 times
Holding Rule 9(b) requires a plaintiff plead the "who, what, when, where, and how" of the alleged fraud
Gines v. D.R. Horton, Inc.
699 F.3d 812 (5th Cir. 2012) Cited 441 times
Construing 12(b) motions, court accepts "all well-pleaded facts as true, viewing them in the light most favorable to the plaintiff"
Villarreal v. Wells Fargo Bank, N.A.
814 F.3d 763 (5th Cir. 2016) Cited 208 times
Holding that the district court properly dismissed the plaintiff's breach of contract claim when the plaintiff failed to plead facts showing her performance and "the notices that [the defendant] sent . . . and attached to its motion to dismiss . . . revealed that [the plaintiff] was in default"
Rachal v. Reitz
56 Tex. Sup. Ct. J. 530 (Tex. 2013) Cited 161 times 10 Legal Analyses
Holding that doctrine of direct benefits estoppel applies to bar Reitz's claim that the arbitration provision in trust is invalid where beneficiary accepted benefits of trust and sued to enforce its terms against the trustee so as to recover damages and explaining that valid underlying contract is not required under equitable estoppel theories
Holt v. State Farm Fire
627 F.3d 188 (5th Cir. 2010) Cited 132 times
No. 09-30795. November 30, 2010. Michael Charles Darnell (argued), Muray, Darnell Associates, New Orleans, LA, for Holt. Henry Gerard Terhoeve, Stephen Dale Cronin (argued), Guglielmo, Marks, Schutte, Terhoeve Love, Baton Rouge, LA, for Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Louisiana. Before BARKSDALE, STEWART and SOUTHWICK, Circuit Judges. CARL E. STEWART, Circuit Judge: We are asked in this appeal to consider whether a prescriptive statute
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 358,269 times 949 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 162,307 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 39,914 times 332 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,663 times 51 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Avialae S. DE R.L. DE C.V. v. Cummins, Inc.

34 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 state law governs substantive issues and federal law governs procedural issues

Holding that evidence of damages was legally insufficient and overly speculative where the interested party testified that, had he known the truth, he would have increased his bid from $600,000 to $1.3 million, a bid that likely would have never been accepted by the offending party

Holding that the federal pleading standard applies when determining whether a plaintiff has stated a claim against a non-diverse defendant

Holding Rule 9(b) requires a plaintiff plead the "who, what, when, where, and how" of the alleged fraud

Construing 12(b) motions, court accepts "all well-pleaded facts as true, viewing them in the light most favorable to the plaintiff"

Holding that the district court properly dismissed the plaintiff's breach of contract claim when the plaintiff failed to plead facts showing her performance and "the notices that [the defendant] sent . . . and attached to its motion to dismiss . . . revealed that [the plaintiff] was in default"

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

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"