9 Cited authorities

Nasious v. Two Unknown
492 F.3d 1158 (10th Cir. 2007) Cited 3,158 times
Holding that a plaintiff like Richardson must explain what each defendant did to him, when the defendant did it, how the defendant's action harmed him, and what specific legal right he believes the defendant violated
U.S. v. Smuggler-Durant Min. Corp.
823 F. Supp. 873 (D. Colo. 1993) Cited 58 times
Holding that allegation "that there was a release or threatened release of hazardous substances at the Site which caused the United States to incur response costs" stated a claim under section 107 of CERCLA
Sierra Club v. Young Life Campaign Inc.
176 F. Supp. 2d 1070 (D. Colo. 2001) Cited 43 times
Accepting general allegations of causation and redressability at the pleading stage
Weiszmann v. Kirkland and Ellis
732 F. Supp. 1540 (D. Colo. 1990) Cited 49 times
Dismissing a claim of outrageous conduct where attorneys who allegedly had knowledge of a plaintiff's delicate mental health filed an involuntary bankruptcy petition against the plaintiff
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 364,364 times 963 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 165,340 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 404 - Character Evidence; Other Crimes, Wrongs, or Acts.
Fed. R. Evid. 404 Cited 17,333 times 66 Legal Analyses
Recognizing that even uncharged similar acts can be probative of a defendant's intent and knowledge concerning charged offenses
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 14,073 times 36 Legal Analyses
Stating that evidence is relevant at trial if "it has any tendency to make a fact" that "is of consequence" to the "determin[ation] [of] the action" any "more or less probable"
Rule 402 - General Admissibility of Relevant Evidence
Fed. R. Evid. 402 Cited 7,059 times 12 Legal Analyses
Stating that relevant evidence is generally admissible at trial

Dailey v. Hecht

9 Cited authorities

Holding that a plaintiff like Richardson must explain what each defendant did to him, when the defendant did it, how the defendant's action harmed him, and what specific legal right he believes the defendant violated

Holding that allegation "that there was a release or threatened release of hazardous substances at the Site which caused the United States to incur response costs" stated a claim under section 107 of CERCLA

Accepting general allegations of causation and redressability at the pleading stage

Dismissing a claim of outrageous conduct where attorneys who allegedly had knowledge of a plaintiff's delicate mental health filed an involuntary bankruptcy petition against the plaintiff

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. . . ."

Recognizing that even uncharged similar acts can be probative of a defendant's intent and knowledge concerning charged offenses

Stating that evidence is relevant at trial if "it has any tendency to make a fact" that "is of consequence" to the "determin[ation] [of] the action" any "more or less probable"

Stating that relevant evidence is generally admissible at trial