24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,882 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 277,112 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
  3. Atl. Marine Constr. Co. v. U.S. Dist. Court for the W. Dist. of Tex.

    571 U.S. 49 (2013)   Cited 3,862 times   39 Legal Analyses
    Holding that the correct procedural mechanism for enforcement of an FSC specifying a foreign forum is through a motion to dismiss for FNC
  4. Wilton v. Seven Falls Co.

    515 U.S. 277 (1995)   Cited 4,390 times   7 Legal Analyses
    Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test
  5. Tal v. Hogan

    453 F.3d 1244 (10th Cir. 2006)   Cited 1,433 times   1 Legal Analyses
    Holding that "because the extensiveness of the threat is a question of fact" the court would "assume for the purposes of this opinion that the predicate acts alleged ... establish a pattern of racketeering activity"
  6. Am. W. Bank Members, L.C. v. State

    2014 UT 49 (Utah 2014)   Cited 121 times
    Providing that one of the elements for a prima facie claim for breach of contract is “a contract”
  7. Soter's v. Deseret Federal Sav. Loan

    857 P.2d 935 (Utah 1993)   Cited 73 times
    Recognizing waiver to be a factually sensitive issue requiring the trial court's exercise of discretion in applying the law to facts
  8. Farrell-Cooper Mining Co. v. U.S. Dep't of the Interior

    728 F.3d 1229 (10th Cir. 2013)   Cited 31 times
    Analyzing administrative “finality” and explaining “[a]gency action is final when it marks the consummation of the agency's decisionmaking process and is one by which rights or obligations have been determined, or from which legal consequences will flow”
  9. Hellar v. Cenarrusa

    106 Idaho 571 (Idaho 1984)   Cited 70 times
    Holding that a reapportionment statute was unconstitutional and applying the private attorney general doctrine
  10. Garcia-Rodriguez v. Gomm

    169 F. Supp. 3d 1221 (D. Utah 2016)   Cited 17 times

    Case No. 2:14-cv-00828-CW 02-22-2016 Fernando Garcia-Rodriguez, an Individual; and Ebelina Valadez-Izarraraz, an Individual, Plaintiffs, v. Matthew K. Gomm, Unknown DEA Agents 1-10, Salt Lake City, Chief Chris Burbank, Lt. Rich Brede, Police Officers 1-10, Defendants. Steven C. Tycksen, Tycksen & Shattuck, Draper, UT, for Plaintiff. Catherine L. Brabson, Mark E. Kittrell, Salt Lake City Attorneys Office, Salt Lake City, UT, for Defendants. Clark Waddoups, United States District Court Judge Steven

  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 358,269 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,307 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,463 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  14. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 29,082 times   191 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
  15. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 25,004 times   62 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment