§Why CasetextPricing

Brown v. Ferrone, et al

MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim

76 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,544 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,461 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 61,599 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"

  4. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,118 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  5. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,674 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

  6. Atl. Marine Constr. Co. v. U.S. Dist. Court for the W. Dist. of Tex.

    571 U.S. 49 (2013)   Cited 3,670 times   39 Legal Analyses
    Holding that the correct procedural mechanism for enforcement of an FSC specifying a foreign forum is through a motion to dismiss for FNC

  7. Branch v. Tunnell

    14 F.3d 449 (9th Cir. 1994)   Cited 2,967 times
    Holding that plaintiffs "`must state in their complaint nonconclusory allegations setting forth evidence of unlawful intent. The allegations of facts must be specific and concrete enough to enable the defendants to prepare a response, and where appropriate, a motion for summary judgment based on qualified immunity.'"

  8. Cortec Indus., Inc. v. Sum Holding L.P.

    949 F.2d 42 (2d Cir. 1991)   Cited 2,957 times
    Holding that “[w]here plaintiff has actual notice of all the information in the movant's papers and has relied upon these documents in framing the complaint the necessity of translating a Rule 12(b) motion into one under Rule 56 is largely dissipated” and affirming the district court's consideration of a stock purchase agreement, offering memorandum, and stock warrant that were “integral to [plaintiffs'] complaint”

  9. Harrison v. Westinghouse Savannah River Co.

    176 F.3d 776 (4th Cir. 1999)   Cited 1,987 times   10 Legal Analyses
    Holding that the plaintiff's allegation that the defendant represented that a particular project would take 1.5 years to complete, even though it knew it would take significantly longer, constituted a false statement under the FCA

  10. Carefirst of Md. v. Carefirst Pregnancy

    334 F.3d 390 (4th Cir. 2003)   Cited 1,126 times
    Holding that district courts have broad discretion in resolving discovery disputes and that "[w]hen a plaintiff offers only speculation or conclusory assertions about contacts with a forum state, a court is within its discretion in denying jurisdictional discovery"

  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 345,715 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,357 times   184 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,265 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."