§Why CasetextPricing

Burns v. Stratos et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

115 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 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 268,629 times   366 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. Haines v. Kerner

    404 U.S. 519 (1972)   Cited 58,673 times
    Holding pro se submissions "to less stringent standards than formal pleadings drafted by lawyers"

  4. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,783 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"

  5. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,634 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  6. Morse v. Lower Merion School District

    132 F.3d 902 (3d Cir. 1997)   Cited 6,210 times   2 Legal Analyses
    Holding that because "the notion of deliberate indifference contemplates a danger that must at least be foreseeable," defendant cannot be said to have ignored a foreseeable risk or danger if plaintiff has not shown the existence of such a risk

  7. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,095 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  8. Mayer v. Belichick

    605 F.3d 223 (3d Cir. 2010)   Cited 2,349 times   1 Legal Analyses
    Holding we must only consider documents if complainant's claims are based upon these documents

  9. People v. Ponder

    451 Mich. 880 (Mich. 1996)   Cited 4,250 times   3 Legal Analyses
    Amending 42 U.S.C. § 1997e

  10. Frederico v. Home Depot

    507 F.3d 188 (3d Cir. 2007)   Cited 2,226 times   8 Legal Analyses
    Holding a dismissal order "without prejudice" was a final order because the plaintiff elected to stand on her original complaint rather than amend or refile it

  11. Section 636 - Jurisdiction, powers, and temporary assignment

    28 U.S.C. § 636   Cited 503,939 times   39 Legal Analyses
    Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"

  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 348,148 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  13. Section 1915 - Proceedings in forma pauperis

    28 U.S.C. § 1915   Cited 291,568 times   38 Legal Analyses
    Holding that, after a plaintiff is granted in forma pauperis status, "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted"

  14. Section 2255 - Federal custody; remedies on motion attacking sentence

    28 U.S.C. § 2255   Cited 129,909 times   129 Legal Analyses
    Adopting one-year limitations period for §2255 motions

  15. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,995 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  16. Section 3161 - Time limits and exclusions

    18 U.S.C. § 3161   Cited 40,493 times   32 Legal Analyses
    Holding excludable " reasonable period of delay when the defendant is joined for trial with a codefendant as to whom the time for trial has not run and no motion for severance has been granted"

  17. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,081 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity

  18. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,507 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."

  19. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,440 times   104 Legal Analyses
    Relating to mail fraud

  20. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 12,036 times   172 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"