39 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 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
Will v. Michigan Dept. of State Police
491 U.S. 58 (1989) Cited 24,727 times
Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute
Edelman v. Jordan
415 U.S. 651 (1974) Cited 8,208 times 1 Legal Analyses
Holding that waiver may be found in "express language" or by "overwhelming implications from the text"
Sedima, S.P.R.L. v. Imrex Co.
473 U.S. 479 (1985) Cited 4,254 times 7 Legal Analyses
Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."
Mixon v. State of Ohio
193 F.3d 389 (6th Cir. 1999) Cited 794 times 1 Legal Analyses
Holding that Congress intended to abrogate the States’ sovereign immunity under the VRA because it "specifically prohibits ‘any State or political subdivision’ from discriminating against voters on the basis of race"
Gilligan v. Morgan
413 U.S. 1 (1973) Cited 408 times
Holding issues of National Guard training and weaponry are essentially professional military judgments within the constitutionally vested responsibility of the legislative and executive branches, and outside the courts' competence
Brown v. Califano
75 F.R.D. 497 (D.D.C. 1977) Cited 1,154 times
Finding the purpose of the Rule 8 standard is to ensure defendants receive fair notice of the claim being asserted so they can prepare an adequate defense
Alan Neuman Productions, Inc. v. Albright
862 F.2d 1388 (9th Cir. 1988) Cited 732 times
Holding RICO claim inadequately pleaded where neither time, place, nor nature of the violation was stated with particularity
Gustave-Schmidt v. Chao
226 F. Supp. 2d 191 (D.D.C. 2002) Cited 434 times
Finding that a court may consider documents incorporated by reference in the complaint for a motion to dismiss under Rule 12(b)
Cok v. Cosentino
876 F.2d 1 (1st Cir. 1989) Cited 618 times
Holding that “allegations of malice,” “bad faith,” or “conspiracy”will not circumvent absolute quasi-judicial immunity
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 496,982 times 701 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
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 354,229 times 943 Legal Analyses
Granting 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 160,289 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 1981 - Equal rights under the law
42 U.S.C. § 1981 Cited 38,401 times 254 Legal Analyses
Granting equal rights to "make and enforce contracts" without regard to race
Section 1988 - Proceedings in vindication of civil rights
42 U.S.C. § 1988 Cited 21,998 times 44 Legal Analyses
Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)
Section 1985 - Conspiracy to interfere with civil rights
42 U.S.C. § 1985 Cited 20,148 times 10 Legal Analyses
Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 15,089 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1512 - Tampering with a witness, victim, or an informant
18 U.S.C. § 1512 Cited 4,456 times 46 Legal Analyses
Defining "law enforcement officer" as "an officer or employee of the Federal Government "
Section 1621 - Perjury generally
18 U.S.C. § 1621 Cited 1,553 times 12 Legal Analyses
Criminalizing perjury

Buess et al v. United States et al

39 Cited authorities

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

Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute

Holding that waiver may be found in "express language" or by "overwhelming implications from the text"

Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

Holding that Congress intended to abrogate the States’ sovereign immunity under the VRA because it "specifically prohibits ‘any State or political subdivision’ from discriminating against voters on the basis of race"

Holding issues of National Guard training and weaponry are essentially professional military judgments within the constitutionally vested responsibility of the legislative and executive branches, and outside the courts' competence

Finding the purpose of the Rule 8 standard is to ensure defendants receive fair notice of the claim being asserted so they can prepare an adequate defense

Holding RICO claim inadequately pleaded where neither time, place, nor nature of the violation was stated with particularity

Finding that a court may consider documents incorporated by reference in the complaint for a motion to dismiss under Rule 12(b)

Holding that “allegations of malice,” “bad faith,” or “conspiracy”will not circumvent absolute quasi-judicial immunity

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Granting equal rights to "make and enforce contracts" without regard to race

Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)

Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror

Defining what the terms “person” and “enterprise” include

Defining "law enforcement officer" as "an officer or employee of the Federal Government "

Criminalizing perjury