Ashcroft v. Iqbal

Holding court need not credit "mere conclusory statements" in complaint

Bell Atl. Corp. v. Twombly

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

Conley v. Gibson

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Bassett v. National Collegiate Athletic Ass'n

Holding that, on a motion to dismiss, a court “may consider the Complaint and any exhibits attached thereto, public records, items appearing in the record of the case and exhibits attached to defendant's motion to dismiss so long as they are referred to in the Complaint and are central to the claims contained therein”

Miller v. Currie

Holding that "a general objection to a magistrate's report, which fails to specify the issues of contention, does not satisfy the requirement that an objection is filed. The objections must be clear enough to enable the district court to discern those issues that are dispositive and contentious."

In re DeLorean Motor Co.

Holding section 959 did not apply to action against Chapter 7 trustee and representatives alleging abuse of process and malicious prosecution in relation to prosecution of fraudulent conveyance action

Smith International, Inc. v. Egle Group, LLC

Finding accrual date for breach of contract and negligent misrepresentation, which accrued when breach occurred, was different than the accrual date for the indemnification claim, which accrued when plaintiff became liable to pay a judgment, even though all claims arose from the same underlying contract and relationship between the parties

Blakely v. U.S.

Holding that "[u]nder the FTCA, a district court does not have jurisdiction over an action filed pursuant thereto if the plaintiff did not file an administrative claim within th[is] two-year limitations period".

Stine v. Stewart

Holding that divorcing parties intended to make wife's mother a third-party beneficiary of their divorce agreement, which specified how the parties would repay funds she loaned towards the purchase of their home

Combs v. International Ins. Co.

Holding that, where a state's supreme court has not ruled on a particular issue, federal courts should predict how the supreme court would rule

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

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

Section 16.004 - Four-Year Limitations Period

Stating that the statute of limitations for fraud claims is four years

Section 413.090 - Action upon judgment, contract, or bond - Fifteen-year limitation - Action for child support arrearages - Time to commence action tolled until obligations cease as to last child on order

Providing that a breach of contract action "shall be commenced within fifteen years after the cause of action first accrued . . . ."

Section 413.320 - Cause of action barred here if barred where it accrued