§Why CasetextPricing

Jones v. Medical Data Systems, Inc.

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

67 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 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 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' "

  3. 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"

  4. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,187 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  5. Bassett v. National Collegiate Athletic Ass'n

    528 F.3d 426 (6th Cir. 2008)   Cited 2,628 times   4 Legal Analyses
    Holding that, on a motion to dismiss, a court “may consider the Complaint and any exhibits attached thereto, public records, items appearing in the record of the case and exhibits attached to defendant's motion to dismiss so long as they are referred to in the Complaint and are central to the claims contained therein”

  6. Dean v. United States

    556 U.S. 568 (2009)   Cited 255 times   6 Legal Analyses
    Holding that 18 U.S.C. § 924(c) doesn't require separate proof of intent

  7. Mayer v. Mylod

    988 F.2d 635 (6th Cir. 1993)   Cited 1,361 times
    Holding that opinions are actionable under § 10(b) when “the speaker does not believe the opinion and the opinion is not factually well-grounded”

  8. D'Ambrosio v. Marino

    747 F.3d 378 (6th Cir. 2014)   Cited 598 times
    Holding that three prior instances of unconstitutional conduct by county employees were insufficient to establish a pattern of the municipality's deliberate indifference to unconstitutional conduct

  9. Donohue v. Quick Collect

    592 F.3d 1027 (9th Cir. 2010)   Cited 460 times   2 Legal Analyses
    Holding that a complaint served on the debtor is a communication subject to the FDCPA

  10. Reilly v. Vadlamudi

    680 F.3d 617 (6th Cir. 2012)   Cited 426 times
    Concluding that defendant doctor was not liable for a failure to diagnose cancer because there were no indications of a serious condition

  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. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,507 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  14. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,037 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  15. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,945 times   109 Legal Analyses
    Prohibiting false representation of the "character, amount, or legal status of a debt"

  16. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,241 times   83 Legal Analyses
    Defining debt collector

  17. Section 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,131 times   65 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices

  18. Section 1692g - Validation of debts

    15 U.S.C. § 1692g   Cited 3,451 times   68 Legal Analyses
    Setting forth requirements for disputing a debt