57 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,625 times 365 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' "
Robbins v. Oklahoma
519 F.3d 1242 (10th Cir. 2008) Cited 5,709 times 1 Legal Analyses
Holding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"
Dudnikov v. Chalk
514 F.3d 1063 (10th Cir. 2008) Cited 955 times 3 Legal Analyses
Holding that a Colorado court had personal jurisdiction over a defendant despite "the lack of defendants’ physical presence in Colorado" because they acted "with the ultimate purpose of cancelling plaintiffs’ auction in Colorado"
Atlantic Richfield v. the Farm Credit Bank
226 F.3d 1138 (10th Cir. 2000) Cited 994 times
Holding that “[t]he court's duty is to interpret and enforce contracts as written between the parties, not to rewrite or restructure them.”
Dias v. City & County of Denver
567 F.3d 1169 (10th Cir. 2009) Cited 650 times
Holding plaintiffs lacked standing where they did not allege a credible threat of future prosecution
Loving v. United States
517 U.S. 748 (1996) Cited 228 times
Holding that "the same limitations on delegation do not apply where the entity exercising the delegated authority itself possesses independent authority over the subject matter," such as delegations to the Executive Branch of matters that traditionally fall within executive discretion, like commander-in-chief power
Bread Political Action Committee v. Federal Election Commission
455 U.S. 577 (1982) Cited 142 times
Holding sworn affidavits of senators who prepared original draft expressing their view on coverage of statute cannot be given probative weight because it represents only personal views of legislator
Branch v. Commonwealth
14 Va. App. 836 (Va. Ct. App. 1992) Cited 171 times
Holding that "a statute should never be construed so that it leads to absurd results"
Horton v. Horton
254 Va. 111 (Va. 1997) Cited 130 times 1 Legal Analyses
Holding that a material breach is a failure to comply with a fundamental aspect of the contract, so that the “failure to perform that obligation defeats an essential purpose of the contract”
Lynchburg Division of Social Serv. v. Cook
276 Va. 465 (Va. 2008) Cited 63 times 1 Legal Analyses
Reversing the denial of attorneys' fees under Code § 16.1-278.19 where the decision was not based on "the statutory factor of the 'relative financial ability of the parties,'" but on a "non-statutory standard . . . the position of [the opposing party] was not unreasonable"
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 345,885 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 8.01-1 - How proceedings may be in actions pending when title takes effect
Va. Code § 8.01-1 Cited 6 times
Except as may be otherwise provided in § 8.01-256 of Chapter 4 (§ 8.01-228 et seq.) (Limitations of Actions), all provisions of this title shall apply to causes of action which arose prior to the effective date of any such provisions; provided, however, that the applicable law in effect on the day before the effective date of the particular provisions shall apply if in the opinion of the court any particular provision (i) may materially change the substantive rights of a party (as distinguished from
Section 1-238 - Reenacted
Va. Code § 1-238 Cited 3 times
"Reenacted," when used in the title or enactment of a bill or act of the General Assembly, means that the changes enacted to a section of the Code of Virginia or an act of the General Assembly are in addition to the existing substantive provisions in that section or act, and are effective prospectively unless the bill expressly provides that such changes are effective retroactively on a specified date. The provisions of this section are declaratory of existing public policy and law. Va. Code § 1-238
Section 54.1-411 - Organization for practice; registration
Va. Code § 54.1-411 Cited 1 times
A. Nothing contained in this chapter or in the regulations of the Board shall prohibit the practice of architecture, engineering, land surveying, landscape architecture or the offering of the title of certified interior designer by any corporation, partnership, sole proprietorship, limited liability company, or other entity provided such practice or certification is rendered through its officers, principals or employees who are correspondingly licensed or certified. No individual practicing architecture
Section 1-247 - Summaries of legislation
Va. Code § 1-247
Any legislative summary associated with a bill, joint resolution or resolution, including any summary appearing on the face of such legislation, shall not constitute a part of the legislation considered, agreed to, or enacted, and shall not be used to indicate or infer legislative intent. Va. Code § 1-247 1997, c. 375, § 30-19.03:2; 2005, c. 839. Amended by Acts 2005, § c. 839. Amended by Acts 1997, § c. 375, § 30-19.03:2.
Section 2.2-804 - Recovery of certain improper payments to state officers and employees
Va. Code § 2.2-804
A. Any officer or employee of the Commonwealth who obtains any compensation or payment to which the officer or employee is not entitled shall be liable for repayment to the employer. Such recipient officer or employee shall not be liable for repayment if the recipient officer or employee proves by a preponderance of the evidence that the improper payment occurred through no fault of the recipient officer or employee and such officer or employee had no actual knowledge of the error and could not have

Coors Brewing Company v. Jacobs Engineering Group Inc. et al

57 Cited authorities

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' "

Holding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"

Holding that a Colorado court had personal jurisdiction over a defendant despite "the lack of defendants’ physical presence in Colorado" because they acted "with the ultimate purpose of cancelling plaintiffs’ auction in Colorado"

Holding that “[t]he court's duty is to interpret and enforce contracts as written between the parties, not to rewrite or restructure them.”

Holding plaintiffs lacked standing where they did not allege a credible threat of future prosecution

Holding sworn affidavits of senators who prepared original draft expressing their view on coverage of statute cannot be given probative weight because it represents only personal views of legislator

Holding that "a statute should never be construed so that it leads to absurd results"

Holding that a material breach is a failure to comply with a fundamental aspect of the contract, so that the “failure to perform that obligation defeats an essential purpose of the contract”

Reversing the denial of attorneys' fees under Code § 16.1-278.19 where the decision was not based on "the statutory factor of the 'relative financial ability of the parties,'" but on a "non-statutory standard . . . the position of [the opposing party] was not unreasonable"

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