35 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
Papasan v. Allain
478 U.S. 265 (1986) Cited 17,445 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"
Irwin v. Dep't of Veterans Affairs
498 U.S. 89 (1990) Cited 4,642 times 8 Legal Analyses
Holding that a statutory time limit with the same characteristics is subject to equitable tolling
Merrell Dow Pharms. Inc. v. Thompson
478 U.S. 804 (1986) Cited 3,637 times 4 Legal Analyses
Holding that private actors have no federal cause of action for a violation of the Federal Drug and Cosmetic Act
United States v. Nordic Village, Inc.
503 U.S. 30 (1992) Cited 1,817 times 3 Legal Analyses
Holding that the existence of "plausible" interpretations that would not permit recovery "is enough to establish that a reading imposing monetary liability on the Government is not ‘unambiguous' and therefore should not be adopted"
United States v. Mitchell
445 U.S. 535 (1980) Cited 2,413 times
Holding that the United States does not have a specific fiduciary obligation to manage timber resources on allotted lands, held in trust for Indian-allotees
Weiland v. Palm Beach Cnty. Sheriff's Office
792 F.3d 1313 (11th Cir. 2015) Cited 2,648 times 2 Legal Analyses
Holding that the "conclusory allegation that the Sheriff’s Office was ‘on notice’ of the need to ‘promulgate, implement, and/or oversee’ policies pertaining to the ‘use of force’ " was insufficient when the claim arose from a single incident involving two deputies
Ramming v. U.S.
281 F.3d 158 (5th Cir. 2001) Cited 3,612 times
Holding that a court ruling on a Rule 12(b) motion may evaluate “ the complaint alone, the complaint supplemented by undisputed facts evidenced in the record, or the complaint supplemented by undisputed facts plus the court's resolution of disputed facts”
Collins v. Morgan Stanley Dean Witter
224 F.3d 496 (5th Cir. 2000) Cited 3,698 times
Holding that a court may consider “[d]ocuments that a defendant attaches to a motion to dismiss ... if they are referred to in the plaintiff's complaint and are central to her claim” (quoting Venture Assocs. Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993) )
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. . . ."
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 20,561 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
Rule 25 - Substitution of Parties
Fed. R. Civ. P. 25 Cited 11,239 times 11 Legal Analyses
Providing for automatic substitution of public officer's successor for official-capacity claims

Daniela Wallace Vs. John M. Mchugh, Secretary US Army

35 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 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"

Holding that a statutory time limit with the same characteristics is subject to equitable tolling

Holding that private actors have no federal cause of action for a violation of the Federal Drug and Cosmetic Act

Holding that the existence of "plausible" interpretations that would not permit recovery "is enough to establish that a reading imposing monetary liability on the Government is not ‘unambiguous' and therefore should not be adopted"

Holding that the United States does not have a specific fiduciary obligation to manage timber resources on allotted lands, held in trust for Indian-allotees

Holding that the "conclusory allegation that the Sheriff’s Office was ‘on notice’ of the need to ‘promulgate, implement, and/or oversee’ policies pertaining to the ‘use of force’ " was insufficient when the claim arose from a single incident involving two deputies

Holding that a court ruling on a Rule 12(b) motion may evaluate “ the complaint alone, the complaint supplemented by undisputed facts evidenced in the record, or the complaint supplemented by undisputed facts plus the court's resolution of disputed facts”

Holding that a court may consider “[d]ocuments that a defendant attaches to a motion to dismiss ... if they are referred to in the plaintiff's complaint and are central to her claim” (quoting Venture Assocs. Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993) )

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. . . ."

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

Providing for automatic substitution of public officer's successor for official-capacity claims