30 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,095 times   367 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' "
  2. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 7,599 times   438 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing
  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,180 times   139 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  4. Raines v. Byrd

    521 U.S. 811 (1997)   Cited 1,784 times   10 Legal Analyses
    Holding specifically and only that "individual members of Congress [lack] Article III standing"
  5. Jackson v. Bellsouth Telecomms.

    372 F.3d 1250 (11th Cir. 2004)   Cited 1,805 times   1 Legal Analyses
    Holding that the same analysis applies to federal and Florida RICO claims
  6. Lawrence v. Dunbar

    919 F.2d 1525 (11th Cir. 1990)   Cited 1,620 times
    Holding that in those circumstances we treat the challenge as a summary judgment motion and thus “[o]ur review is ... plenary”
  7. Morrison v. Amway Corp.

    323 F.3d 920 (11th Cir. 2003)   Cited 987 times   1 Legal Analyses
    Holding that, based on Garcia, whether the defendant qualified as an employer under the FMLA “implicated both jurisdiction and the underlying merits” of the plaintiff's claim and, therefore, should not be resolved on a Rule 12(b) motion to dismiss
  8. Griffin v. Irvin

    496 F.3d 1189 (11th Cir. 2007)   Cited 673 times
    Holding that the language in the Equal Protection Clause "may, as it does here, simply operate at too high a level of generality" to make prior case law unnecessary, and that the broad legal principles in "class of one" cases were inapplicable because "the precise facts of a case are critical in evaluating a 'class of one' claim"
  9. Oxford Asset Management, Ltd. v. Jaharis

    297 F.3d 1182 (11th Cir. 2002)   Cited 763 times
    Holding conclusory allegations are insufficient to state a claim
  10. Stalley v. Orlando

    524 F.3d 1229 (11th Cir. 2008)   Cited 626 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
  11. 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 349,819 times   936 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,408 times   171 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner
  13. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,776 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
  14. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,084 times   60 Legal Analyses
    Holding that ERISA is a federal law that sets standards of protection for individuals in most voluntarily established, private-sector retirement plans
  15. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,641 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
  16. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,383 times   192 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"
  17. Section 1166 - Notice requirements

    29 U.S.C. § 1166   Cited 473 times   2 Legal Analyses
    Requiring notice to the employer of a § 1163 "qualifying event" within 60 days
  18. Section 1163 - Qualifying event

    29 U.S.C. § 1163   Cited 292 times   1 Legal Analyses
    Excluding termination for "gross misconduct" from list of qualifying events
  19. Section 2590.606-4 - Notice requirements for plan administrators

    29 C.F.R. § 2590.606-4   Cited 57 times   8 Legal Analyses
    Listing COBRA notice requirements