Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,796 times 281 Legal AnalysesHolding 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 AnalysesHolding 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
Erie R. Co. v. Tompkins
304 U.S. 64 (1938) Cited 20,816 times 19 Legal AnalysesHolding that state law governs substantive issues and federal law governs procedural issues
City of Pittsburgh v. West Penn Power Comp
147 F.3d 256 (3d Cir. 1998) Cited 910 timesHolding action that did not lessen competition in a "marketplace" was not antitrust injury
Clay Electric Cooperative, Inc. v. Johnson
873 So. 2d 1182 (Fla. 2004) Cited 281 times 2 Legal AnalysesHolding that the undertaker doctrine only applies if “the third person [suffers] physical harm resulting from [the undertaker's] failure to exercise reasonable care.”
Argonaut Ins. Co. v. May Plumbing Co.
474 So. 2d 212 (Fla. 1985) Cited 421 timesHolding that prejudgment interest is compensation to make the party whole and should be calculated from the date of the loss
Lumbermens Mut. Cas. Co. v. Percefull
653 So. 2d 389 (Fla. 1995) Cited 47 timesHolding that prejudgment interest began to accrue on the date payment was due to the plaintiff, but wrongfully withheld, under the terms of the parties' contract
St. Joseph's Hosp. v. Cowart
891 So. 2d 1039 (Fla. Dist. Ct. App. 2004) Cited 30 times 1 Legal AnalysesHolding that a defendant has no duty to warn of a danger of which it had no knowledge
Hesterly v. Royal Caribbean Cruises Ltd.
515 F. Supp. 2d 1278 (S.D. Fla. 2007) Cited 22 timesRejecting characterization of cruise line as medical care provider
Strasser v. Yalamanchi
783 So. 2d 1087 (Fla. Dist. Ct. App. 2001) Cited 19 timesHolding the trial judge's comment that, if he were presiding over pre-trial, he would have assessed defendant "a significant six-figure fine" did not warrant reversal as the judge was expressing "understandable frustration and concern" at the "sudden and unexplained revelation" of a discovery violation
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 361,487 times 960 Legal AnalysesGranting 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 163,896 times 197 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."