22 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,784 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,697 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' "
Davis v. Coca-Cola Bottling
516 F.3d 955 (11th Cir. 2008) Cited 949 times 2 Legal Analyses
Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine
Consolidated Service Corp v. Robinson
459 U.S. 1105 (1983) Cited 508 times
Holding that "in a tying arrangement, 'the ordinary measure of damages would be the difference between the price actually paid for the tied product and the price at which the product could have been obtained on the open market'"
Kaiser Aluminum, Etc. v. Avondale Shipyards
677 F.2d 1045 (5th Cir. 1982) Cited 1,965 times 2 Legal Analyses
Holding that, when a counterclaim showed that a contract was executed outside the limitations period, the "counterclaim on its face appears to reveal the existence of an affirmative defense to it, which would make the granting of a Rule 12(b) dismissal proper"
R2 Investments LDC v. Phillips
401 F.3d 638 (5th Cir. 2005) Cited 712 times
Holding that circumstantial evidence of scienter must be greater where a clear motive for alleged misstatements or omissions is not alleged
Campbell v. City of San Antonio
43 F.3d 973 (5th Cir. 1995) Cited 766 times
Holding "that the negligent act of a state official which results in unintended harm to life, liberty, or property, does not implicate the Due Process Clause"
HECI Exploration Co. v. Neel
982 S.W.2d 881 (Tex. 1998) Cited 510 times 3 Legal Analyses
Holding that courts cannot make, or remake, contracts for parties
Heldenfels Bros. Inc. v. City of Corpus Christi
832 S.W.2d 39 (Tex. 1992) Cited 551 times
Holding “ party may recover under the unjust enrichment theory when one person has obtained a benefit from another by fraud, duress, or the taking of an undue advantage”
Vortt Exploration Co. Inc v. Chevron U.S.A. Inc.
787 S.W.2d 942 (Tex. 1990) Cited 305 times
Recognizing recovery when non-payment for services rendered would result in unjust enrichment to party benefited
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 345,981 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,250 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Fiamma Partners Llc v. Morningstar et al

22 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine

Holding that "in a tying arrangement, 'the ordinary measure of damages would be the difference between the price actually paid for the tied product and the price at which the product could have been obtained on the open market'"

Holding that, when a counterclaim showed that a contract was executed outside the limitations period, the "counterclaim on its face appears to reveal the existence of an affirmative defense to it, which would make the granting of a Rule 12(b) dismissal proper"

Holding that circumstantial evidence of scienter must be greater where a clear motive for alleged misstatements or omissions is not alleged

Holding "that the negligent act of a state official which results in unintended harm to life, liberty, or property, does not implicate the Due Process Clause"

Holding that courts cannot make, or remake, contracts for parties

Holding “ party may recover under the unjust enrichment theory when one person has obtained a benefit from another by fraud, duress, or the taking of an undue advantage”

Recognizing recovery when non-payment for services rendered would result in unjust enrichment to party benefited

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. . . ."