39 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,095 times   367 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' "
  2. Will v. Michigan Dept. of State Police

    491 U.S. 58 (1989)   Cited 24,432 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
  3. Edelman v. Jordan

    415 U.S. 651 (1974)   Cited 8,169 times   1 Legal Analyses
    Holding that waiver may be found in "express language" or by "overwhelming implications from the text"
  4. Sedima, S.P.R.L. v. Imrex Co.

    473 U.S. 479 (1985)   Cited 4,242 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."
  5. Mixon v. State of Ohio

    193 F.3d 389 (6th Cir. 1999)   Cited 786 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"
  6. Gilligan v. Morgan

    413 U.S. 1 (1973)   Cited 406 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
  7. Brown v. Califano

    75 F.R.D. 497 (D.D.C. 1977)   Cited 1,125 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
  8. Alan Neuman Productions, Inc. v. Albright

    862 F.2d 1388 (9th Cir. 1988)   Cited 726 times
    Holding RICO claim inadequately pleaded where neither time, place, nor nature of the violation was stated with particularity
  9. Gustave-Schmidt v. Chao

    226 F. Supp. 2d 191 (D.D.C. 2002)   Cited 430 times
    Finding that a court may consider documents incorporated by reference in the complaint for a motion to dismiss under Rule 12(b)
  10. Cok v. Cosentino

    876 F.2d 1 (1st Cir. 1989)   Cited 613 times
    Holding that “allegations of malice,” “bad faith,” or “conspiracy”will not circumvent absolute quasi-judicial immunity
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 492,016 times   695 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
  12. 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 349,819 times   936 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 158,269 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  14. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 70,198 times   126 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
  15. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,145 times   251 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race
  16. Section 1988 - Proceedings in vindication of civil rights

    42 U.S.C. § 1988   Cited 21,878 times   43 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)
  17. Section 1985 - Conspiracy to interfere with civil rights

    42 U.S.C. § 1985   Cited 19,976 times   10 Legal Analyses
    Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror
  18. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 15,012 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include
  19. Section 1512 - Tampering with a witness, victim, or an informant

    18 U.S.C. § 1512   Cited 4,392 times   45 Legal Analyses
    Defining "law enforcement officer" as "an officer or employee of the Federal Government "
  20. Section 1621 - Perjury generally

    18 U.S.C. § 1621   Cited 1,545 times   12 Legal Analyses
    Criminalizing perjury