13 Cited authorities

  1. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 17,347 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
  2. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,319 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"
  3. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

    507 U.S. 163 (1993)   Cited 5,176 times   2 Legal Analyses
    Holding that there is no heightened pleading requirement in § 1983 suits against municipalities
  4. Lowrey v. Texas a M University System

    117 F.3d 242 (5th Cir. 1997)   Cited 1,356 times
    Holding that “title IX affords a private right of action for retaliation against the employees of federally funded educational institutions.”
  5. U.S. ex rel Riley v. St. Luke's Episcopal Hosp

    355 F.3d 370 (5th Cir. 2004)   Cited 912 times   2 Legal Analyses
    Holding relator’s complaint "sufficiently allege[d] that statements were known to be false, rather than just erroneous, because she assert[ed] that Defendants ordered the services knowing they were unnecessary"
  6. McZeal v. Sprint Nextel Corp.

    501 F.3d 1354 (Fed. Cir. 2007)   Cited 414 times   12 Legal Analyses
    Holding that a direct infringement claim made in accordance with Form 16 (now Form 18) of the Federal Rules of Civil Procedure meets the Twombly pleading standard
  7. Copeland v. Wasserstein, Perella Co., Inc.

    278 F.3d 472 (5th Cir. 2002)   Cited 142 times   1 Legal Analyses
    Holding that allegation "not alleged in the complaint and . . . first raised on appeal" was "not an argument that we will not entertain"
  8. Taltwell, LLC v. Zonet USA Corp.

    Civil Action No. 3:07cv543 (E.D. Va. Dec. 19, 2007)   Cited 17 times   2 Legal Analyses
    Concluding that a non-resident corporate defendant party has purposefully directed its activities at the forum state, "if it enters into a business arrangement with a resident of the forum state whereby the [non-resident defendant] delivers goods or services to forum state and receives payments therefrom"
  9. CBT Flint Partners, LLC v. Goodmail Systems, Inc.

    529 F. Supp. 2d 1376 (N.D. Ga. 2007)   Cited 10 times
    In CBT Flint, after acknowledging that the Eleventh Circuit had not decided whether Twombly has altered pleading standards in the patent context, the court found that though Form 18 "only provides a model for pleading direct infringement, there is no principled reason, at least not one advanced by the Defendant, for requiring more factual detail when the claim is one for contributory infringement."
  10. Schwendimann v. Arkwright, Inc.

    Civ. No. 08-162 ADM/JSM (D. Minn. Jul. 23, 2008)

    Civ. No. 08-162 ADM/JSM. July 23, 2008 David A. Davenport, Esq., Winthrop Weinstine, P.A., Minneapolis, MN, on behalf of Plaintiff. Louis E. Fogel, Esq., Sidley Austin LLP, Chicago, IL, and Tara Norgard, Esq., Carlson, Caspers, Vandenburgh Lindquist, Minneapolis, MN, on behalf of Defendant. MEMORANDUM OPINION AND ORDER ANN MONTGOMERY, District Judge I. INTRODUCTION On June 5, 2008, the undersigned United States District Judge heard oral argument on Defendant Arkwright, Inc.'s ("Arkwright") Motion

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,180 times   1084 Legal Analyses
    Holding that testing is a "use"
  13. Rule 84 - Abrogated (Apr. 29, 2015, eff. Dec. 1, 2015).

    Fed. R. Civ. P. 84   Cited 1,037 times   7 Legal Analyses
    Explaining that the appended forms "are sufficient under the rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate"