Carden v. Arkoma Associates
494 U.S. 185 (1990) Cited 2,557 times 10 Legal AnalysesHolding that limited partnerships are deemed citizens of every state where any partner resides
Brooks v. Blue Cross & Blue Shield of Florida, Inc.
116 F.3d 1364 (11th Cir. 1997) Cited 1,989 timesHolding that employees "who have not suffered an injury in that they have been covered by Medicare for the medical care they have received retain a sufficient interest in this action for purposes of the Constitutional 'case or controversy' requirement"
U.S. ex Rel. Clausen v. Laboratory Corp.
290 F.3d 1301 (11th Cir. 2002) Cited 837 times 14 Legal AnalysesHolding Rule 9(b) applies to False Claims Act claims
Ziemba v. Cascade Intern., Inc.
256 F.3d 1194 (11th Cir. 2001) Cited 767 times 2 Legal AnalysesHolding that Rule 9(b) satisfied if "complaint sets forth precisely what statements were made in what documents or oral representations or what omissions were made, and the time and place of each statement and the person responsible for making it, . . . the content of such statements and the manner in which they misled plaintiffs, and what defendants obtained as a consequence of the fraud"
Magluta v. Samples
256 F.3d 1282 (11th Cir. 2001) Cited 549 timesHolding that a complaint was a shotgun complaint when, among other issues, the complaint was 58-pages long and contained at least 146 numbered paragraphs
Potter v. Clark
497 F.2d 1206 (7th Cir. 1974) Cited 762 timesHolding that court properly dismissed pro se complaint where complaint did not allege that defendant committed specific act and complaint was silent as to defendant except for his name appearing in caption
Durham v. Business Management Associates
847 F.2d 1505 (11th Cir. 1988) Cited 353 timesHolding allegation of use of the mails sufficient, where plaintiffs' allegation that "correspondence and other communications concerning [the alleged scheme to defraud] took place through . . . the mails" was supported by an attached affidavit from a recipient describing such correspondence, even though dates and times of mailings were not stated
Friedlander v. Nims
755 F.2d 810 (11th Cir. 1985) Cited 254 times 1 Legal AnalysesHolding that dismissal with prejudice was not an abuse of discretion when the court gave the pro se plaintiff a chance to amend
Toms v. Country Quality Meats, Inc.
610 F.2d 313 (5th Cir. 1980) Cited 114 timesHolding that plaintiff must plead citizenship "distinctly and affirmatively"
Summer v. Land Leisure, Inc.
664 F.2d 965 (5th Cir. 1981) Cited 71 timesFinding that "[w]hen a party has failed to plead with sufficient particularity, the Court will almost always permit leave to amend to bring the complaint into compliance with the requirements of Rule 9(b)."
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 362,607 times 962 Legal AnalysesGranting 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 164,455 times 197 Legal AnalysesHolding 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 116,150 times 572 Legal AnalysesHolding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,207 times 337 Legal AnalysesRequiring that fraud be pleaded with particularity
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 29,289 times 200 Legal AnalysesFinding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred