27 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,377 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,313 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. Jones v. Greninger

    188 F.3d 322 (5th Cir. 1999)   Cited 2,348 times
    Holding that in order to state a valid claim for retaliation under § 1983, a prisoner must allege, among other things, "the defendant's intent to retaliate against the prisoner for his or her exercise" of a constitutional right
  4. Funk v. Stryker Corp.

    631 F.3d 777 (5th Cir. 2011)   Cited 844 times   1 Legal Analyses
    Holding court lacked jurisdiction to consider district court's denial of plaintiff's postjudgment motions because he did not file an amended, or separate, notice of appeal
  5. Lewis v. Bank of America NA

    343 F.3d 540 (5th Cir. 2003)   Cited 204 times
    Holding that plaintiff's decision to enter into transaction without undertaking additional investigation into tax consequences was not justifiable given his access to professional accountants, the amount of money involved, and the ambiguous nature of the defendant's representations
  6. Richman v. Goldman Sachs Grp., Inc.

    868 F. Supp. 2d 261 (S.D.N.Y. 2012)   Cited 73 times   8 Legal Analyses
    Holding that an SEC Wells Notice did not trigger a duty to disclose under Item 103
  7. Pension Advisory Grp., Ltd. v. Country Life Ins. Co.

    771 F. Supp. 2d 680 (S.D. Tex. 2011)   Cited 53 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"
  8. Palm Beach Strategic Income, LP v. Salzman

    10-CV-261 (JS) (AKT) (E.D.N.Y. May. 2, 2011)   Cited 37 times
    Holding that the court could not "plausibly accept as true" an allegation that was blatantly inconsistent with the party's earlier pleadings
  9. Am. Realty Tr., Inc. v. Travelers Cas. & Sur. Co. of Am.

    362 F. Supp. 2d 744 (N.D. Tex. 2005)   Cited 46 times
    Holding that under Rule 8, a plaintiff need not plead each element of its claim in detail, but must instead "describe the alleged terms of the contract in a sufficiently specific manner to give the defendant notice of the nature of the claim"
  10. Green v. Niles

    11 Civ. 1349 (PAE) (S.D.N.Y. Mar. 23, 2012)   Cited 33 times
    Dismissing an inmate's claim because "a prison's loss of an inmate property . . . will not support a due process claim redressable under § 1983 if adequate state post-deprivation remedies are available"
  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 345,529 times   922 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 156,008 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 78q - Records and reports

    15 U.S.C. § 78q   Cited 151 times   3 Legal Analyses
    Requiring registered broker-dealers to make and keep records prescribed by the U.S. Securities and Exchange Commission
  14. Section 240.17a-5 - Reports to be made by certain brokers and dealers

    17 C.F.R. § 240.17a-5   Cited 29 times

    This section applies to the following types of entities: Except as provided in this introductory text, a broker or dealer, including an OTC derivatives dealer as that term is defined in § 240.3b-12 registered pursuant to section 15 of the Act (15 U.S.C. 78 o); a broker or dealer, other than an OTC derivatives dealer, registered pursuant to section 15 of the Act that is also a security-based swap dealer registered pursuant to section 15F of the Act (15 U.S.C. 78 o-10); and a broker or dealer, including