18 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,691 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,746 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
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,319 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"
Salahuddin v. Cuomo
861 F.2d 40 (2d Cir. 1988) Cited 3,500 times
Holding that district court was "within bounds of discretion to strike or dismiss complaint for noncompliance with Rule 8" where complaint spanned "15 single-spaced pages," and contained "a surfeit of detail."
Price v. City of Charlotte
93 F.3d 1241 (4th Cir. 1996) Cited 324 times 2 Legal Analyses
Holding that statements that one felt "embarrassed," "degraded," "devastated," etc., do not create a disputed issue of fact as to entitlement to compensatory damages for emotional distress
Ross v. Federal Deposit Ins. Corp.
625 F.3d 808 (4th Cir. 2010) Cited 171 times 2 Legal Analyses
Holding that plaintiff's claim that the defendant bank violated North Carolina law by reporting inaccurate credit information to a CRA was "squarely preempted" by FCRA
Hinton v. Trans Union, LLC
654 F. Supp. 2d 440 (E.D. Va. 2009) Cited 115 times
Finding excessive incorporation by reference in a pleading creates unnecessary confusion
Hinton v. Trans Union LLC
382 F. App'x 256 (4th Cir. 2010) Cited 73 times
Dismissing FCRA claims that rested on the allegation that the plaintiff never gave his consent to several inquiries in the credit report
Stone v. Warfield
184 F.R.D. 553 (D. Md. 1999) Cited 87 times
Stating that individual citizens have no private right of action to institute federal criminal prosecutions
Wynn-Bey v. Talley
Civil Action No. RWT-12-3121 (D. Md. Nov. 27, 2012) Cited 25 times
Remanding state criminal action where the Defendant "ha[d] failed to comply with the pleading requirements or to show that he ha[d] been denied or cannot enforce a specified federal right in the state court respecting this prosecution."
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 361,353 times 960 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 163,831 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Clarks v. Experian

18 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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 "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"

Holding that district court was "within bounds of discretion to strike or dismiss complaint for noncompliance with Rule 8" where complaint spanned "15 single-spaced pages," and contained "a surfeit of detail."

Holding that statements that one felt "embarrassed," "degraded," "devastated," etc., do not create a disputed issue of fact as to entitlement to compensatory damages for emotional distress

Holding that plaintiff's claim that the defendant bank violated North Carolina law by reporting inaccurate credit information to a CRA was "squarely preempted" by FCRA

Finding excessive incorporation by reference in a pleading creates unnecessary confusion

Dismissing FCRA claims that rested on the allegation that the plaintiff never gave his consent to several inquiries in the credit report

Stating that individual citizens have no private right of action to institute federal criminal prosecutions

Remanding state criminal action where the Defendant "ha[d] failed to comply with the pleading requirements or to show that he ha[d] been denied or cannot enforce a specified federal right in the state court respecting this prosecution."

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. . . ."