18 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 262,570 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 275,856 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. Edwards v. City of Goldsboro

    178 F.3d 231 (4th Cir. 1999)   Cited 6,746 times   2 Legal Analyses
    Holding that First Amendment rights of an off-duty officer communicating about concealed weapons were sufficiently established by precedent regarding off-duty officer's entertainment performances
  4. McLean v. U.S.

    566 F.3d 391 (4th Cir. 2009)   Cited 860 times
    Holding that dismissal without prejudice for failure to state claim does not qualify as strike
  5. Burbach Broadcasting Co of Del v. Elkins Radio

    278 F.3d 401 (4th Cir. 2002)   Cited 715 times
    Finding that because the defendant filed his motion to dismiss, or in the alterative, motion for judgment on the pleadings, after filing his answer, the court would “construe the motion as one for judgment on the pleadings”
  6. Blankenship v. Manchin

    471 F.3d 523 (4th Cir. 2006)   Cited 555 times
    Holding that the leader of an energy company stated a plausible First Amendment retaliation claim based on West Virginia governor's remarks in a newspaper that the energy company could expect more regulatory oversight following the leader's opposition to the governor's pension bond reforms, because the remarks constituted "a threat ... directed towards an individual who is the head of a company in a highly regulated industry"
  7. Independence News, v. City of Charlotte

    568 F.3d 148 (4th Cir. 2009)   Cited 133 times
    Upholding grant of partial judgment on the pleadings because government had a "sufficient evidentiary basis" to justify speech restriction
  8. Guessford v. Pa. Nat'l Mut. Cas. Ins. Co.

    918 F. Supp. 2d 453 (M.D.N.C. 2013)   Cited 31 times
    Holding that the insured stated a claim where the insurer paid less than the amount of total medical expenses despite knowing the actual cost of plaintiff's medical expenses
  9. Gawry v. Countrywide Home Loans, Inc.

    395 F. App'x 152 (6th Cir. 2010)   Cited 28 times
    In Gawry, the court held the "inherently transitory" exception did not apply to the plaintiff's claims because she knew the contractual provision challenged in the lawsuit expired in three years, and she did not move for class certification until nearly five years after executing the contract.
  10. Martin v. First Advantage Background Servs. Corp.

    877 F. Supp. 2d 754 (D. Minn. 2012)   Cited 7 times   1 Legal Analyses

    Civ. No. 11–3357 (MJD/LIB). 2012-07-13 Mahlon MARTIN, Plaintiff, v. FIRST ADVANTAGE BACKGROUND SERVICES CORP., and Wells Fargo Bank, NA, Defendants. Daniel Gray Leland and Joni M. Thome, Baillon Thome Jozwiak Miller Wanta, LLP, for Plaintiff. Jenny L. Sautter, Meagher & Geer, PLLP, and Jason A. Spak, Picadio Sneath Miller & Norton, PC, for Defendant First Advantage Background Services Corp. MICHAEL J. DAVIS Daniel Gray Leland and Joni M. Thome, Baillon Thome Jozwiak Miller Wanta, LLP, for Plaintiff

  11. 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 356,916 times   947 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,786 times   1247 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  13. Section 1681a - Definitions; rules of construction

    15 U.S.C. § 1681a   Cited 1,512 times   60 Legal Analyses
    Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)
  14. Section 1681e - Compliance procedures

    15 U.S.C. § 1681e   Cited 1,434 times   67 Legal Analyses
    Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes
  15. Section 1681k - Public record information for employment purposes

    15 U.S.C. § 1681k   Cited 103 times   4 Legal Analyses
    Stating a "consumer reporting agency which furnishes a consumer report for employment purposes ... shall maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up to date"