§Why CasetextPricing

Briah v. Overstreet

Motion to Dismiss for Failure to State a Claim .

5 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,896 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,933 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

  3. Powers v. U.S. Dept. of Justice

    646 F. Supp. 2d 153 (D.D.C. 2009)   Cited 4 times

    Civil Action No. 09-452 (RMC). August 24, 2009. Robert W. Powers, Spirit Lake, IA, pro se. David W. Merchant, Office of the Attorney General for the State of Minnesota, Saint Paul, MN, for Defendants. MEMORANDUM OPINION ROSEMARY M. COLLYER, District Judge. By Order dated July 31, 2009, the Court dismissed pro se Plaintiff Robert W. Powers' Complaint without prejudice for failure to comply with Federal Rule of Civil Procedure 8 and ordered Mr. Powers to "file an amended complaint that corrects the

  4. 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 361,619 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

  5. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,952 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."