Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,691 times 281 Legal AnalysesHolding 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 AnalysesHolding 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
Farmer v. Brennan
511 U.S. 825 (1994) Cited 57,661 times 19 Legal AnalysesHolding that the deliberate indifference standard utilized for a conditions of confinement claim "is inappropriate . . . when officials stand accused of using excessive physical force."
Bryant v. Avado Brands, Inc.
187 F.3d 1271 (11th Cir. 1999) Cited 1,320 times 2 Legal AnalysesHolding that “a court, when considering a motion to dismiss in a securities fraud case, may take judicial notice . . . of relevant public documents required to be filed with the SEC”
American United v. Martinez
480 F.3d 1043 (11th Cir. 2007) Cited 578 timesHolding that the failure to allege a duty to disclose is fatal to a RICO claim premised on mail fraud arising out of alleged nondisclosure of material information
West Coast Roofing v. Johns Manville
287 F. App'x 81 (11th Cir. 2008) Cited 169 timesHolding that "conclusory allegations" that defendant made allegedly false statements "knowing they were false" was sufficient to avoid dismissal
Sec. & Exch. Comm'n v. Apuzzo
689 F.3d 204 (2d Cir. 2012) Cited 102 times 8 Legal AnalysesHolding that a chief financial officer of a corporation provided substantial assistance when he participated in extraordinary transactions and knew of underlying violations of the securities laws
F.T.C. v. Neovi
604 F.3d 1150 (9th Cir. 2010) Cited 105 times 7 Legal AnalysesHolding a corporate defendant liable at the summary judgment stage based on a showing that it "engaged in a practice that facilitated and provided substantial assistance to a multitude of deceptive schemes," despite having "reason to believe" that a fraud was occurring
U.S. Securities & Exchange Commission v. Big Apple Consulting USA, Inc.
783 F.3d 786 (11th Cir. 2015) Cited 84 times 4 Legal AnalysesHolding that Section 17 cannot be read to include the "maker" restriction present in Rule 10b–5(b)
F.T.C. v. Freecom Communications, Inc.
401 F.3d 1192 (10th Cir. 2005) Cited 112 times 5 Legal AnalysesFinding individual liability where "[e]very-body knew that [the defendant] was the principal shareholder of the company and his opinions and advice and direction were listened to very carefully and were generally followed or heeded"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,831 times 197 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 5531 - Prohibiting unfair, deceptive, or abusive acts or practices
12 U.S.C. § 5531 Cited 182 times 150 Legal AnalysesGranting power to the Consumer Financial Protection Bureau to take action to prevent unfair, deceptive, or abusive acts or practices
Section 5536 - Prohibited acts
12 U.S.C. § 5536 Cited 145 times 70 Legal AnalysesProhibiting “any unfair, deceptive, or abusive act or practice”
Section 5481 - Definitions
12 U.S.C. § 5481 Cited 119 times 71 Legal AnalysesListing eighteen statutes transferred to the CFPB’s jurisdiction
Section 5301 - Definitions
12 U.S.C. § 5301 Cited 55 times 15 Legal AnalysesAs used in this Act, the following definitions shall apply, except as the context otherwise requires or as otherwise specifically provided in this Act: (1) Affiliate The term "affiliate" has the same meaning as in section 1813 of this title. (2) Appropriate Federal banking agency On and after the transfer date, the term "appropriate Federal banking agency" has the same meaning as in section 1813(q) of this title, as amended by title III.1 (3) Board of Governors The term "Board of Governors" means