18 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 271,951 times 281 Legal Analyses
Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 284,672 times 370 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
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 17,575 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,622 times 25 Legal Analyses
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"
Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit
507 U.S. 163 (1993) Cited 5,225 times 2 Legal Analyses
Holding that there is no heightened pleading requirement in § 1983 suits against municipalities
Martin K. Eby Construction Co. v. Dallas Area Rapid Transit
369 F.3d 464 (5th Cir. 2004) Cited 2,304 times
Holding that "it is clear that Eby's misrepresentation claim, as it is presented here, is a contractual one"
Lowrey v. Texas a M University System
117 F.3d 242 (5th Cir. 1997) Cited 1,363 times
Holding that “title IX affords a private right of action for retaliation against the employees of federally funded educational institutions.”
McZeal v. Sprint Nextel Corp.
501 F.3d 1354 (Fed. Cir. 2007) Cited 415 times 12 Legal Analyses
Holding that a direct infringement claim made in accordance with Form 16 (now Form 18) of the Federal Rules of Civil Procedure meets the Twombly pleading standard
Campbell v. Wells Fargo Bank, N.A.
781 F.2d 440 (5th Cir. 1986) Cited 569 times
Holding that non-customers do not, per se, lack standing to bring an action pursuant to Section 1975
Copeland v. Wasserstein, Perella Co., Inc.
278 F.3d 472 (5th Cir. 2002) Cited 142 times 1 Legal Analyses
Holding that allegation "not alleged in the complaint and . . . first raised on appeal" was "not an argument that we will not entertain"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 166,680 times 198 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 84 - Abrogated (Apr. 29, 2015, eff. Dec. 1, 2015).
Fed. R. Civ. P. 84 Cited 1,037 times 7 Legal Analyses
Explaining that the appended forms "are sufficient under the rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate"

Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

18 Cited authorities

Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

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 with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

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"

Holding that there is no heightened pleading requirement in § 1983 suits against municipalities

Holding that "it is clear that Eby's misrepresentation claim, as it is presented here, is a contractual one"

Holding that “title IX affords a private right of action for retaliation against the employees of federally funded educational institutions.”

Holding that a direct infringement claim made in accordance with Form 16 (now Form 18) of the Federal Rules of Civil Procedure meets the Twombly pleading standard

Holding that non-customers do not, per se, lack standing to bring an action pursuant to Section 1975

Holding that allegation "not alleged in the complaint and . . . first raised on appeal" was "not an argument that we will not entertain"

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

Explaining that the appended forms "are sufficient under the rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate"