33 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,203 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 268,949 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' "
Neitzke v. Williams
490 U.S. 319 (1989) Cited 56,198 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"
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,194 times 104 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Bassett v. National Collegiate Athletic Ass'n
528 F.3d 426 (6th Cir. 2008) Cited 2,632 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”
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”
D'Ambrosio v. Marino
747 F.3d 378 (6th Cir. 2014) Cited 599 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
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
Reilly v. Vadlamudi
680 F.3d 617 (6th Cir. 2012) Cited 427 times
Concluding that defendant doctor was not liable for a failure to diagnose cancer because there were no indications of a serious condition
Gonzales v. Arrow Financial Services
660 F.3d 1055 (9th Cir. 2011) Cited 322 times
Holding that the statement that a "negative credit report reflecting on your credit record may be submitted to a credit reporting agency" was a threat under § 1692e, where the defendant did not intend to make reports to a credit bureau and was legally prohibited from doing so
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 348,503 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 157,606 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 15,046 times 139 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 1692e - False or misleading representations
15 U.S.C. § 1692e Cited 6,946 times 109 Legal Analyses
Prohibiting false representation of the "character, amount, or legal status of a debt"
Section 1692g - Validation of debts
15 U.S.C. § 1692g Cited 3,451 times 68 Legal Analyses
Setting forth requirements for disputing a debt

Jones v. Medical Data Systems, Inc.

33 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 that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

Holding that opinions are actionable under § 10(b) when “the speaker does not believe the opinion and the opinion is not factually well-grounded”

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

Holding that a complaint served on the debtor is a communication subject to the FDCPA

Concluding that defendant doctor was not liable for a failure to diagnose cancer because there were no indications of a serious condition

Holding that the statement that a "negative credit report reflecting on your credit record may be submitted to a credit reporting agency" was a threat under § 1692e, where the defendant did not intend to make reports to a credit bureau and was legally prohibited from doing so

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. . . ."

Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

Prohibiting false representation of the "character, amount, or legal status of a debt"

Setting forth requirements for disputing a debt