37 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,796 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 279,848 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
Lewis v. Casey
518 U.S. 343 (1996) Cited 14,717 times 5 Legal Analyses
Holding that a prisoner must show an actual injury to state a claim for denial of access to courts
Warth v. Seldin
422 U.S. 490 (1975) Cited 12,233 times 15 Legal Analyses
Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
Blum v. Yaretsky
457 U.S. 991 (1982) Cited 2,880 times 7 Legal Analyses
Holding that nursing home is not a state actor in part because provision of nursing home services is not a traditional and exclusive sovereign function
Stalley v. Orlando
524 F.3d 1229 (11th Cir. 2008) Cited 669 times 2 Legal Analyses
Holding that the Medicare Secondary Payer Act "differs materially" from a qui tam action partly because it "provides to the government none of the procedural safeguards to manage or direct an action" traditionally afforded
Oxford Asset Management, Ltd. v. Jaharis
297 F.3d 1182 (11th Cir. 2002) Cited 793 times
Holding conclusory allegations are insufficient to state a claim
Bochese v. Town of Ponce Inlet
405 F.3d 964 (11th Cir. 2005) Cited 560 times
Holding that the plaintiff lacked standing to raise a Contracts Clause claim based on rescission of a contract between a town and a developer where the plaintiff was neither a party to nor an interested beneficiary of the contract
Glassman v. Computervision Corp.
90 F.3d 617 (1st Cir. 1996) Cited 668 times
Holding that a motion to amend should be denied as futile if “the complaint, as amended, would fail to state a claim upon which relief could be granted.”
Harper v. Lawrence County
592 F.3d 1227 (11th Cir. 2010) Cited 363 times
Holding that the complaint plausibly alleged that prison officials were more than grossly negligent when they failed to treat an alcoholic suffering from severe withdrawal and obvious delirium for four days until he eventually died
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,896 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 77 - Discrimination against neutral Americans in time of war
15 U.S.C. § 77 Cited 1,812 times 12 Legal Analyses
Granting right of recovery to " any person acquiring such security (unless it is proved that at the time of such acquisition he knew of such untruth or omission)"

Dees et al v. Colonial BancGroup, Inc. et al (LEAD)

37 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 prisoner must show an actual injury to state a claim for denial of access to courts

Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

Holding that nursing home is not a state actor in part because provision of nursing home services is not a traditional and exclusive sovereign function

Holding that the Medicare Secondary Payer Act "differs materially" from a qui tam action partly because it "provides to the government none of the procedural safeguards to manage or direct an action" traditionally afforded

Holding conclusory allegations are insufficient to state a claim

Holding that the plaintiff lacked standing to raise a Contracts Clause claim based on rescission of a contract between a town and a developer where the plaintiff was neither a party to nor an interested beneficiary of the contract

Holding that a motion to amend should be denied as futile if “the complaint, as amended, would fail to state a claim upon which relief could be granted.”

Holding that the complaint plausibly alleged that prison officials were more than grossly negligent when they failed to treat an alcoholic suffering from severe withdrawal and obvious delirium for four days until he eventually died

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Granting right of recovery to " any person acquiring such security (unless it is proved that at the time of such acquisition he knew of such untruth or omission)"