38 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,691 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 279,746 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
Erickson v. Pardus
551 U.S. 89 (2007) Cited 65,199 times 3 Legal Analyses
Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
Irwin v. Dep't of Veterans Affairs
498 U.S. 89 (1990) Cited 4,642 times 8 Legal Analyses
Holding that a statutory time limit with the same characteristics is subject to equitable tolling
Presley v. City of Charlottesvile
464 F.3d 480 (4th Cir. 2006) Cited 2,055 times
Holding that a pre-deprivation opportunity to be heard is typically required, unless there is a need for quick action by the State or pre-deprivation proceedings are impractical
Harris v. Hutchinson
209 F.3d 325 (4th Cir. 2000) Cited 2,558 times 4 Legal Analyses
Holding that an attorney's misinterpretation of AEDPA's limitations period did not warrant tolling
Ibarra v. U.S.
120 F.3d 472 (4th Cir. 1997) Cited 1,632 times
Holding that "once the Government initiates forfeiture proceedings, the district court is divested of jurisdiction . . . remains without jurisdiction during the pendency of the proceeding unless the claimant timely files a claim"
Am. Chiropractic v. Trigon Healthcare
367 F.3d 212 (4th Cir. 2004) Cited 1,165 times 4 Legal Analyses
Holding “that when a defendant attaches a document to its motion to dismiss, a court may consider it in determining whether to dismiss the complaint [if] it was integral to and explicitly relied on in the complaint and [if] the plaintiffs do not challenge its authenticity”
Robertson v. Sea Pines Real Estate Cos.
679 F.3d 278 (4th Cir. 2012) Cited 289 times
Holding that a complaint can state a § 1 claim if it alleges “direct evidence” of the agreement itself
Gay v. Wall
761 F.2d 175 (4th Cir. 1985) Cited 611 times
Holding district court erred in converting Rule 12(b) motion to summary judgment when it was clear that nonmoving party had not received all of moving party's contracts upon which the moving party, and ultimately the court, relied
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 361,353 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,831 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 18 - Organization defined
18 U.S.C. § 18 Cited 3,664 times 8 Legal Analyses
Stating that the term "organization" means "a person other than an individual"
Section 1589 - Forced labor
18 U.S.C. § 1589 Cited 756 times 15 Legal Analyses
Defining "serious harm" as that which would compel a "reasonable person" to perform or continue performing labor to avoid incurring such harm
Section 1595 - Civil remedy
18 U.S.C. § 1595 Cited 714 times 13 Legal Analyses
Authorizing private plaintiffs to "recover damages" but not speaking to injunctive relief

Elat v. Ngoubene et al

38 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 complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Holding that a statutory time limit with the same characteristics is subject to equitable tolling

Holding that a pre-deprivation opportunity to be heard is typically required, unless there is a need for quick action by the State or pre-deprivation proceedings are impractical

Holding that an attorney's misinterpretation of AEDPA's limitations period did not warrant tolling

Holding that "once the Government initiates forfeiture proceedings, the district court is divested of jurisdiction . . . remains without jurisdiction during the pendency of the proceeding unless the claimant timely files a claim"

Holding “that when a defendant attaches a document to its motion to dismiss, a court may consider it in determining whether to dismiss the complaint [if] it was integral to and explicitly relied on in the complaint and [if] the plaintiffs do not challenge its authenticity”

Holding that a complaint can state a § 1 claim if it alleges “direct evidence” of the agreement itself

Holding district court erred in converting Rule 12(b) motion to summary judgment when it was clear that nonmoving party had not received all of moving party's contracts upon which the moving party, and ultimately the court, relied

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

Stating that the term "organization" means "a person other than an individual"

Defining "serious harm" as that which would compel a "reasonable person" to perform or continue performing labor to avoid incurring such harm

Authorizing private plaintiffs to "recover damages" but not speaking to injunctive relief