34 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   366 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' "
  2. Neitzke v. Williams

    490 U.S. 319 (1989)   Cited 56,155 times
    Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"
  3. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,859 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"
  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,634 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"
  5. Johnson v. Railway Express Agency

    421 U.S. 454 (1975)   Cited 2,447 times   3 Legal Analyses
    Holding that § 1981 "affords a federal remedy against discrimination ... on the basis of race"
  6. Scheid v. Fanny Farmer Candy Shops, Inc.

    859 F.2d 434 (6th Cir. 1988)   Cited 2,424 times
    Holding complaint must plead facts in support of material elements of claim
  7. Weiner v. Klais and Co., Inc.

    108 F.3d 86 (6th Cir. 1997)   Cited 1,673 times
    Holding that a document incorporated by reference in a complaint can be introduced by a defendant if it is not attached by plaintiff
  8. Lewis v. ACB Business Services, Inc.

    135 F.3d 389 (6th Cir. 1998)   Cited 1,495 times   1 Legal Analyses
    Holding that a company whose principal purpose is to extend credit rather than collect debts is not a debt collector under the Fair Debt Collections Practices Act
  9. Venture Associates v. Zenith Data Systems

    987 F.2d 429 (7th Cir. 1993)   Cited 1,795 times   2 Legal Analyses
    Holding "minor, non-substantive changes" in response to offer prevented contract formation under Illinois law
  10. Westlake v. Lucas

    537 F.2d 857 (6th Cir. 1976)   Cited 2,738 times
    Holding that a complaint adequately stated a claim under Fed. R. Civ. P. 12(b) when jail officials were aware of a prisoner's ulcer, but did not allow a medical examination even after he had begun vomiting blood
  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 348,148 times   927 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 157,408 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 1988 - Proceedings in vindication of civil rights

    42 U.S.C. § 1988   Cited 21,844 times   43 Legal Analyses
    Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)
  14. Section 28-3-104 - Personal tort actions; actions against certain professionals

    Tenn. Code § 28-3-104   Cited 1,590 times   4 Legal Analyses
    Setting forth one-year statute of limitations for § 1983 claims
  15. Section 1652 - State laws as rules of decision

    28 U.S.C. § 1652   Cited 846 times
    Distinguishing between application of state law in the presence of federal statute, Federal Rule of Civil Procedure enacted pursuant to the Rules Enabling Act, and judge-made federal rule whose applicability is affected by the Rules of Decision Act
  16. Section 29-20-205 - Removal of immunity for injury caused by negligent act or omission of employees - Exceptions - Immunity for year 2000 computer calculation errors

    Tenn. Code § 29-20-205   Cited 522 times   1 Legal Analyses
    Removing immunity only for negligently caused injuries
  17. Section 28-3-105 - [Effective 7/1/2024] Property tort actions - Statutory liabilities

    Tenn. Code § 28-3-105   Cited 391 times   2 Legal Analyses
    Establishing three-year statute of limitations for "property tort" actions
  18. Section 28-3-110 - Actions on public officers' and fiduciary bonds - Actions not otherwise covered - Affidavit of conviction and civil judgment

    Tenn. Code § 28-3-110   Cited 123 times   1 Legal Analyses
    Providing a ten-year statute of limitations on certain actions, including actions on judgments and "[a]ll other cases not expressly provided for"
  19. Section 67-1-903 - Action against collecting officer

    Tenn. Code § 67-1-903   Cited 10 times

    (a) The person paying the revenue may, at any time within six (6) months after making the payment, but not thereafter, sue the officer who collected the sum, for the recovery thereof. (b) This section shall not apply after January 1, 1986, to any tax collected or administered by the commissioner of revenue. T.C.A. § 67-1-903 Acts 1873, ch. 44, § 1; Shan., § 1061; Code 1932, § 1792; Acts 1968, ch. 588, § 1; T.C.A. (orig. ed.), § 67-2305; Acts 1984, ch. 972, § 19; 1986, ch. 749, § 13; 1987, ch. 92

  20. Section 6-54-306 - Penalty for violation of home rule municipal ordinances

    Tenn. Code § 6-54-306   Cited 7 times

    (a) All home rule municipalities are empowered to set maximum penalties of thirty (30) days imprisonment or monetary penalties and forfeitures, or both imprisonment and monetary penalties and forfeitures, up to five hundred dollars ($500), or both, to cover administrative expenses incident to correction of municipal violations. (b) Notwithstanding the limitations on recovery of administrative costs imposed in subsection (a), if a home rule municipality has adopted an ordinance to prohibit false threats