41 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,121 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
  4. Kentucky v. Graham

    473 U.S. 159 (1985)   Cited 19,209 times   1 Legal Analyses
    Holding that "an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity," and that "a plaintiff seeking to recover on a damages judgment in an official-capacity suit must look to the government entity itself"
  5. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,440 times   8 Legal Analyses
    Holding that sovereign immunity prohibits federal courts from "instruct[ing] state officials on how to conform their conduct to state law"
  6. Edelman v. Jordan

    415 U.S. 651 (1974)   Cited 8,122 times   1 Legal Analyses
    Holding that waiver may be found in "express language" or by "overwhelming implications from the text"
  7. College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board

    527 U.S. 666 (1999)   Cited 1,661 times   13 Legal Analyses
    Holding there is no fundamental property right in "the activity of doing business, or the activity of making a profit"
  8. GEE v. PACHECO

    627 F.3d 1178 (10th Cir. 2010)   Cited 1,618 times
    Holding that a failure to provide adequate treatment in response to a prisoner's self-diagnosed ailments does not amount to a constitutional violation
  9. Holt v. U.S.

    46 F.3d 1000 (10th Cir. 1995)   Cited 1,982 times
    Holding that, "[i]n reviewing a facial attack on the complaint [under Rule 12(b)(1)], a district court must accept the allegations in the complaint as true"
  10. Ruiz v. McDonnell

    299 F.3d 1173 (10th Cir. 2002)   Cited 990 times   1 Legal Analyses
    Holding that plaintiffs could not state a claim based on a state actor's issuance of a license to a daycare center where the harm occurred because the issuance of the license is not "conduct that imposes an immediate threat of harm, which by its nature has a limited range and duration"
  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. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,486 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
  13. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,276 times   320 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
  14. Section 501 - Infringement of copyright

    17 U.S.C. § 501   Cited 3,164 times   26 Legal Analyses
    Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"
  15. Section 63G-7-101 - Title - Scope of waivers and retentions of immunity

    Utah Code § 63G-7-101   Cited 69 times

    (1) This chapter is known as the "Governmental Immunity Act of Utah." (2) The scope of the waivers and retentions of immunity found in this comprehensive chapter: (a) applies to all functions of government, no matter how labeled; and (b) governs all claims against governmental entities or against their employees or agents arising out of the performance of the employee's duties, within the scope of employment, or under color of authority. (3) A governmental entity and an employee of a governmental

  16. Section 13-11a-1 - Purpose

    Utah Code § 13-11a-1   Cited 24 times

    The purpose of this chapter is to prevent deceptive, misleading, and false advertising practices and forms in Utah. This chapter is to be construed to accomplish that purpose and not to prohibit any particular form of advertising so long as it is truthful and not otherwise misleading or deceptive. Utah Code § 13-11a-1 Enacted by Chapter 205, 1989 General Session

  17. Section 63G-7-501 - Jurisdiction of district courts over actions

    Utah Code § 63G-7-501   Cited 9 times
    Providing that Utah state district courts have exclusive, original jurisdiction over any actions brought under the Governmental Immunity Act of Utah