16 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,946 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 279,983 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
Erickson v. Pardus
551 U.S. 89 (2007) Cited 65,270 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"
Neitzke v. Williams
490 U.S. 319 (1989) Cited 58,136 times
Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"
Randall v. Scott
610 F.3d 701 (11th Cir. 2010) Cited 1,813 times 1 Legal Analyses
Holding that courts do not construe a pleading drafted by counsel with the same leniency that they otherwise afford to pro se litigants who lack "the benefit of a legal education"
Marsh v. Butler County
268 F.3d 1014 (11th Cir. 2001) Cited 1,573 times
Holding that an official's complete inaction in the face of an excessive risk of inmate violence constitutes deliberate indifference
La Grasta v. First Union Securities, Inc.
358 F.3d 840 (11th Cir. 2004) Cited 1,395 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"
Pielage v. McConnell
516 F.3d 1282 (11th Cir. 2008) Cited 1,120 times 4 Legal Analyses
Noting that "[t]reaties, like statutes, should be construed so that no words are treated as being meaningless, redundant, or mere surplusage."
James River Insurance v. Ground Down Engineering, Inc.
540 F.3d 1270 (11th Cir. 2008) Cited 313 times 1 Legal Analyses
Holding that a claim "arose out of" pollution, and therefore was covered by a pollution exclusion, where a negligent environmental site assessment that failed to detect the presence of pollution on the property led to lost profits, lost property value, and the need for environmental remediation
Curd v. Mosaic Fertilizer, LLC
39 So. 3d 1216 (Fla. 2010) Cited 109 times 3 Legal Analyses
Finding that the economic loss rule did not bar plaintiff's negligence and strict liability claims against defendants where the parties were not in contractual privity and where the defendant was not the manufacturer or distributor of a product that caused damage solely to itself
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 361,663 times 960 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 163,974 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 40,144 times 335 Legal Analyses
Requiring that fraud be pleaded with particularity

Battle v. American Home Mortgage Servicing, Inc.

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

Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"

Holding that courts do not construe a pleading drafted by counsel with the same leniency that they otherwise afford to pro se litigants who lack "the benefit of a legal education"

Holding that an official's complete inaction in the face of an excessive risk of inmate violence constitutes deliberate indifference

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"

Noting that "[t]reaties, like statutes, should be construed so that no words are treated as being meaningless, redundant, or mere surplusage."

Holding that a claim "arose out of" pollution, and therefore was covered by a pollution exclusion, where a negligent environmental site assessment that failed to detect the presence of pollution on the property led to lost profits, lost property value, and the need for environmental remediation

Finding that the economic loss rule did not bar plaintiff's negligence and strict liability claims against defendants where the parties were not in contractual privity and where the defendant was not the manufacturer or distributor of a product that caused damage solely to itself

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