66 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,784 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 266,697 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' "
Neitzke v. Williams
490 U.S. 319 (1989) Cited 55,792 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"
Saucier v. Katz
533 U.S. 194 (2001) Cited 20,260 times 9 Legal Analyses
Holding when a defendant seeks qualified immunity, "a ruling on that issue should be made early in the proceedings so that the costs and expenses of trial are avoided where the defense is dispositive."
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 27,840 times 138 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Denton v. Hernandez
504 U.S. 25 (1992) Cited 22,106 times
Holding the standard of review for dismissal under § 1915(d) is abuse of discretion
Burger King Corp. v. Rudzewicz
471 U.S. 462 (1985) Cited 16,825 times 46 Legal Analyses
Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.
Mitchell v. Forsyth
472 U.S. 511 (1985) Cited 9,394 times 9 Legal Analyses
Holding that some orders denying summary judgment constitute " 'final decisions' " under the collateral order doctrine
Helicopteros Nacionales de Colom. v. Hall
466 U.S. 408 (1984) Cited 9,271 times 26 Legal Analyses
Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation
Los Angeles v. Lyons
461 U.S. 95 (1983) Cited 7,506 times 13 Legal Analyses
Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold
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 345,981 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
Section 1915 - Proceedings in forma pauperis
28 U.S.C. § 1915 Cited 289,201 times 38 Legal Analyses
Holding that, after a plaintiff is granted in forma pauperis status, "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,250 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 25 - Substitution of Parties
Fed. R. Civ. P. 25 Cited 10,697 times 11 Legal Analyses
Providing for the automatic substitution at the district-court level of public officers sued in their official capacities
Section 2671 - Definitions
28 U.S.C. § 2671 Cited 9,368 times 6 Legal Analyses
Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "
Section 2680 - Exceptions
28 U.S.C. § 2680 Cited 7,680 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 2675 - Disposition by federal agency as prerequisite; evidence
28 U.S.C. § 2675 Cited 7,076 times 1 Legal Analyses
Setting forth FTCA's administrative exhaustion requirement
Section 2 - Judicial Power and Jurisdiction
U.S. Const. art. III, § 2 Cited 10,508 times 4 Legal Analyses
Granting federal courts power only to resolve “cases” and “controversies”
Section 517 - Interests of United States in pending suits
28 U.S.C. § 517 Cited 381 times 5 Legal Analyses
Noting that lawyers designated by the Attorney General shall "attend to the interests of the United States"
Section 44926 - Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight
49 U.S.C. § 44926 Cited 30 times
Directing the DHS to create a redress program without requiring that travelers take advantage of it

Jibreel v. Chin et al

66 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 "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"

Holding when a defendant seeks qualified immunity, "a ruling on that issue should be made early in the proceedings so that the costs and expenses of trial are avoided where the defense is dispositive."

Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding the standard of review for dismissal under § 1915(d) is abuse of discretion

Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

Holding that some orders denying summary judgment constitute " 'final decisions' " under the collateral order doctrine

Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that, after a plaintiff is granted in forma pauperis status, "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted"

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Providing for the automatic substitution at the district-court level of public officers sued in their official capacities

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

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

Setting forth FTCA's administrative exhaustion requirement

Granting federal courts power only to resolve “cases” and “controversies”

Noting that lawyers designated by the Attorney General shall "attend to the interests of the United States"

Directing the DHS to create a redress program without requiring that travelers take advantage of it