32 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,689 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 265,662 times 364 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' "
Blum v. Yaretsky
457 U.S. 991 (1982) Cited 2,785 times 7 Legal Analyses
Holding that nursing home is not a state actor in part because provision of nursing home services is not a traditional and exclusive sovereign function
Formosa Plast v. Presidio Engineers
960 S.W.2d 41 (Tex. 1998) Cited 1,711 times 1 Legal Analyses
Holding that evidence of damages was legally insufficient and overly speculative where the interested party testified that, had he known the truth, he would have increased his bid from $600,000 to $1.3 million, a bid that likely would have never been accepted by the offending party
Davis v. Coca-Cola Bottling
516 F.3d 955 (11th Cir. 2008) Cited 943 times 2 Legal Analyses
Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine
Anderson v. District Board of Trustees of Central Florida Community College
77 F.3d 364 (11th Cir. 1996) Cited 892 times
Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count
Strat. Income Fund v. Spear, Leeds Kellogg
305 F.3d 1293 (11th Cir. 2002) Cited 693 times 1 Legal Analyses
Deciding that the third amended complaint, which contained 127 paragraphs, all incorporated by reference into nine separate counts created an "onerous task" for the trial court to sift through
English v. Fischer
660 S.W.2d 521 (Tex. 1983) Cited 498 times
Holding that under the terms of a similar deed of trust, the mortgagee was entitled to collect the insurance proceeds after a fire and “to apply such proceeds to the indebtedness and pay the remainder to [the mortgagor]”
Centurion Air Cargo v. United Parcel Serv
420 F.3d 1146 (11th Cir. 2005) Cited 237 times
Granting summary judgment where plaintiff alleged no concrete damages as a result of the alleged breach of the implied covenant of good faith and fair dealing
Griffin v. Dugger
823 F.2d 1476 (11th Cir. 1987) Cited 262 times
Holding that "each claim must be analyzed separately, and a claim cannot be asserted on behalf of a class unless at least one named plaintiff has suffered the injury that gives rise to that claim"

In Re: Checking Account Overdraft Litigation

32 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 nursing home is not a state actor in part because provision of nursing home services is not a traditional and exclusive sovereign function

Holding that evidence of damages was legally insufficient and overly speculative where the interested party testified that, had he known the truth, he would have increased his bid from $600,000 to $1.3 million, a bid that likely would have never been accepted by the offending party

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

Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count

Deciding that the third amended complaint, which contained 127 paragraphs, all incorporated by reference into nine separate counts created an "onerous task" for the trial court to sift through

Holding that under the terms of a similar deed of trust, the mortgagee was entitled to collect the insurance proceeds after a fire and “to apply such proceeds to the indebtedness and pay the remainder to [the mortgagor]”

Granting summary judgment where plaintiff alleged no concrete damages as a result of the alleged breach of the implied covenant of good faith and fair dealing

Holding that "each claim must be analyzed separately, and a claim cannot be asserted on behalf of a class unless at least one named plaintiff has suffered the injury that gives rise to that claim"