34 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,709 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 266,625 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. Francis v. Giacomelli

    588 F.3d 186 (4th Cir. 2009)   Cited 3,905 times
    Holding that the defendant was entitled to qualified immunity since "his actions were not clearly unlawful when performed"
  4. Coleman v. Md. Court of Appeals

    626 F.3d 187 (4th Cir. 2010)   Cited 2,243 times   3 Legal Analyses
    Holding that an African-American plaintiff's statement that he "was treated differently as a result of his race than whites" was too conclusory to state a claim of discrimination in the employment context
  5. Katchen v. Landy

    382 U.S. 323 (1966)   Cited 1,167 times   2 Legal Analyses
    Holding that a bankruptcy referee could exercise what was known as “summary jurisdiction” over a voidable-preference claim brought by a bankruptcy trustee against a creditor who had filed a proof of claim in the bankruptcy proceeding because the referee could not rule on the creditor's proof of claim without first resolving the voidable-preference issue
  6. Ohio Valley Envtl. Coalition v. Aracoma

    556 F.3d 177 (4th Cir. 2009)   Cited 451 times
    Holding that the court cannot "simply substitute the judgment of plaintiff's experts for that of the agency's experts" because the court must defer to agency choices and methodology
  7. Chicot County Dist. v. Bank

    308 U.S. 371 (1940)   Cited 1,025 times   2 Legal Analyses
    Holding that courts' determinations of their own jurisdiction, "while open to direct review, may not be assailed collaterally"
  8. R.G. Financial Corp. v. Vergara-Nunez

    446 F.3d 178 (1st Cir. 2006)   Cited 341 times
    Holding mortgage servicer and mortgage holder were sufficiently identical under Puerto Rico law to justify precluding action by mortgagors to rescind under TILA where mortgage servicer had already secured a default judgment against the mortgagors in a foreclosure action
  9. Stoll v. Gottlieb

    305 U.S. 165 (1938)   Cited 797 times
    Holding that “[a]fter a party has his day in court, with opportunity to present his evidence and his view of the law, a collateral attack upon the decision as to jurisdiction there rendered merely retries the issue previously determined”
  10. Marshall v. Miller

    302 N.C. 539 (N.C. 1981)   Cited 412 times
    Holding that trebling is automatic
  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 345,885 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. Section 75-1.1 - Methods of competition, acts and practices regulated; legislative policy

    N.C. Gen. Stat. § 75-1.1   Cited 1,988 times   110 Legal Analyses
    Declaring unlawful "unfair or deceptive acts or practices in or affecting commerce"
  13. Section 24-2 - Penalty for usury; corporate bonds may be sold below par

    N.C. Gen. Stat. § 24-2   Cited 16 times

    The taking, receiving, reserving or charging a greater rate of interest than permitted by this chapter or other applicable law, either before or after the interest may accrue, when knowingly done, shall be a forfeiture of the entire interest which the note or other evidence of debt carries with it, or which has been agreed to be paid thereon. And in case a greater rate of interest has been paid, the person or his legal representatives or corporation by whom it has been paid, may recover back twice