61 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,123 times 280 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 268,865 times 367 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' "
Erickson v. Pardus
551 U.S. 89 (2007) Cited 62,272 times 3 Legal Analyses
Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
Hughes v. Rowe
449 U.S. 5 (1980) Cited 6,637 times 1 Legal Analyses
Holding that pleadings drafted by pro se litigants should be held to a lesser standard than those drafted by lawyers since "[a]n unrepresented litigant should not be punished for his failure to recognize subtle factual or legal deficiencies in his claims"
United States v. Mitchell
445 U.S. 535 (1980) Cited 2,342 times
Holding that the United States does not have a specific fiduciary obligation to manage timber resources on allotted lands, held in trust for Indian-allotees
Weller v. Dept. of Soc. Serv. for Baltimore
901 F.2d 387 (4th Cir. 1990) Cited 8,020 times
Holding that while some procedures are sufficient "when visitation and placement decisions are at stake, we believe that the greater liberty interest inherent in the custody of one's child requires something more"
Beaudett v. City of Hampton
775 F.2d 1274 (4th Cir. 1985) Cited 6,921 times
Holding that appellate courts should not permit "fleeting references to preserve questions on appeal"
Roseboro v. Garrison
528 F.2d 309 (4th Cir. 1975) Cited 9,243 times
Holding that court must provide notice of requirements of summary judgment rule before granting summary judgment against pro se litigant
McNutt v. Gen. Motors Acceptance Corp.
298 U.S. 178 (1936) Cited 5,392 times
Holding that a plaintiff, when challenged, must provide "competent proof" supporting jurisdictional claim
Evans v. B.F. Perkins Company
166 F.3d 642 (4th Cir. 1999) Cited 1,685 times
Holding that when a defendant challenges subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b), the court may consider evidence outside the pleadings without converting the proceeding to one for summary judgment
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 348,416 times 930 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 157,557 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 41 - Dismissal of Actions
Fed. R. Civ. P. 41 Cited 109,442 times 197 Legal Analyses
Holding that such dismissal "operates as an adjudication on the merits"
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,986 times 136 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,138 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 2671 - Definitions
28 U.S.C. § 2671 Cited 9,414 times 6 Legal Analyses
Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "
Section 1295 - Jurisdiction of the United States Court of Appeals for the Federal Circuit
28 U.S.C. § 1295 Cited 8,339 times 92 Legal Analyses
Granting jurisdiction to the Federal Circuit over cases arising from executive agency board of contract appeals
Section 2680 - Exceptions
28 U.S.C. § 2680 Cited 7,705 times 12 Legal Analyses
Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA
Section 1631 - Transfer to cure want of jurisdiction
28 U.S.C. § 1631 Cited 7,702 times 16 Legal Analyses
Granting courts authority to transfer action to court with proper jurisdiction
Section 702 - Right of review
5 U.S.C. § 702 Cited 7,098 times 24 Legal Analyses
Granting judicial review of "agency action"

Huff v. At&T Inc. et al

61 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 a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Holding that pleadings drafted by pro se litigants should be held to a lesser standard than those drafted by lawyers since "[a]n unrepresented litigant should not be punished for his failure to recognize subtle factual or legal deficiencies in his claims"

Holding that the United States does not have a specific fiduciary obligation to manage timber resources on allotted lands, held in trust for Indian-allotees

Holding that while some procedures are sufficient "when visitation and placement decisions are at stake, we believe that the greater liberty interest inherent in the custody of one's child requires something more"

Holding that appellate courts should not permit "fleeting references to preserve questions on appeal"

Holding that court must provide notice of requirements of summary judgment rule before granting summary judgment against pro se litigant

Holding that a plaintiff, when challenged, must provide "competent proof" supporting jurisdictional claim

Holding that when a defendant challenges subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b), the court may consider evidence outside the pleadings without converting the proceeding to one for summary judgment

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. . . ."

Holding that such dismissal "operates as an adjudication on the merits"

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "

Granting jurisdiction to the Federal Circuit over cases arising from executive agency board of contract appeals

Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA

Granting courts authority to transfer action to court with proper jurisdiction

Granting judicial review of "agency action"