§Why CasetextPricing

Dixie v. Jarwin et al

Motion to Dismiss for Failure to State a Claim

14 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,946 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 279,983 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. Great Plains Tr. v. Morgan Stanley Dean Witter

    313 F.3d 305 (5th Cir. 2002)   Cited 2,682 times   1 Legal Analyses
    Holding that an order denying remand based on improper joinder is reviewed de novo

  4. Great Western Mining v. Fox Rothschild

    615 F.3d 159 (3d Cir. 2010)   Cited 1,899 times
    Holding that a § 1983 conspiracy claimant must assert facts from which a conspiratorial agreement can be inferred, not conclusory allegations

  5. First United Pentecostal Church of Beaumont v. Parker

    514 S.W.3d 214 (Tex. 2017)   Cited 474 times   7 Legal Analyses
    Holding that a church preserved its claim for equitable remedies, even though the church only expressly briefed actual-damages issues

  6. Tilton v. Marshall

    925 S.W.2d 672 (Tex. 1996)   Cited 509 times   1 Legal Analyses
    Holding that plaintiff's conspiracy to commit fraud claim was derivative of his fraud claim

  7. Texas Disp. Sys. v. Waste Management

    219 S.W.3d 563 (Tex. App. 2007)   Cited 160 times   2 Legal Analyses
    Holding that a defendant's failure to independently verify the truth of a statement was indicative of a purposeful avoidance of truth and therefore probative of actual malice

  8. Cuba v. Pylant

    814 F.3d 701 (5th Cir. 2016)   Cited 79 times
    Holding that disciplinary proceeding conducted by Southern Methodist University was not quasi-judicial under Texas law, as the cases that have applied the absolute privilege in this context "are limited to statements made in governmental administrative procedures that bear the trappings of adversarial litigation"

  9. Schlumberger Well Surveying v. Nortex Oil Gas

    435 S.W.2d 854 (Tex. 1969)   Cited 293 times
    Holding that civil conspiracy consists of a combination of two or more persons or entities

  10. Pension Advisory Grp., Ltd. v. Country Life Ins. Co.

    771 F. Supp. 2d 680 (S.D. Tex. 2011)   Cited 56 times
    Holding that if Illinois law were applicable to the plaintiff's causes of action, it would not necessarily warrant transfer to Illinois as the transferor court "is fully equipped to research and interpret the laws of other states"

  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 361,663 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

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,974 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."