33 Cited authorities

  1. 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' "
  2. Schweiker v. Chilicky

    487 U.S. 412 (1988)   Cited 1,220 times
    Holding that Social Security regulations and procedures precluded a Bivens action
  3. Resnick v. Avmed, Inc.

    693 F.3d 1317 (11th Cir. 2012)   Cited 445 times   18 Legal Analyses
    Holding plaintiffs need only allege losses, not unreimbursed losses, for a cognizable injury in a Florida breach of implied contract claim
  4. Cok v. Cosentino

    876 F.2d 1 (1st Cir. 1989)   Cited 605 times
    Holding that “allegations of malice,” “bad faith,” or “conspiracy”will not circumvent absolute quasi-judicial immunity
  5. Riccard v. Prudential Ins. Co.

    307 F.3d 1277 (11th Cir. 2002)   Cited 359 times
    Holding that district court properly broadened injunction in response to plaintiff's attempts to evade filing restrictions by filing complaints in non-judicial forums
  6. Ragsdale v. Rubbermaid, Inc.

    193 F.3d 1235 (11th Cir. 1999)   Cited 377 times
    Holding that a qui tam plaintiff could have brought a claim in the previous action that he had instead severed in order to bring the second action, and thus the nuclei of operative facts were the same and the second case was precluded
  7. Fundiller v. City of Cooper City

    777 F.2d 1436 (11th Cir. 1985)   Cited 342 times
    Holding safety director whose responsibilities included disciplining police officers and setting police department policy could be liable for failing to take corrective steps in the face of pattern of excessive force engaged in by officers
  8. Zarrella v. Pacific Life Insurance Company

    755 F. Supp. 2d 1218 (S.D. Fla. 2010)   Cited 76 times
    Holding that unjust enrichment may be pled if one or more parties dispute the existence of an express contract
  9. Jaffree v. Wallace

    837 F.2d 1461 (11th Cir. 1988)   Cited 137 times
    Holding district court's judgment precluded subsequent claim even though the judgment was then on appeal and was subsequently reversed because "[t]he established rule in the federal courts is that a final judgment retains all of its res judicata consequences pending decision of the appeal" and " judgment merely voidable because based upon an erroneous view of the law is not open to collateral attack, but can be corrected only by a direct review and not by bringing another action upon the same cause [of action]." (alterations in original)
  10. Lucero v. Operation Rescue of Birmingham

    954 F.2d 624 (11th Cir. 1992)   Cited 103 times
    Outlining the four-part test for granting a preliminary injunction
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,959 times   691 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
  12. 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 345,982 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
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,931 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  14. Section 1985 - Conspiracy to interfere with civil rights

    42 U.S.C. § 1985   Cited 19,829 times   10 Legal Analyses
    Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror
  15. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,405 times   104 Legal Analyses
    Relating to mail fraud
  16. Section 1951 - Interference with commerce by threats or violence

    18 U.S.C. § 1951   Cited 11,577 times   51 Legal Analyses
    Defining extortion in ACCA as “the obtaining of something of value from another, with his consent, induced by the wrongful use or threatened use of force against the person or property of another ”
  17. Section 241 - Conspiracy against rights

    18 U.S.C. § 241   Cited 4,188 times   15 Legal Analyses
    Criminalizing civil-rights violations
  18. Section 3001 - Congressional declaration of objectives

    42 U.S.C. § 3001   Cited 85 times   1 Legal Analyses
    Stating that the objectives of the OAA include assisting the nation's older people "to secure equal opportunity to the full and free enjoyment" of objectives such as adequate income in retirement, positive physical and mental health, suitable housing, institutional care services, and efficient and cost-effective community services
  19. Section 1861 - Deception of prospective purchasers

    18 U.S.C. § 1861   Cited 58 times   1 Legal Analyses

    Whoever, for a reward paid or promised to him in that behalf, undertakes to locate for an intending purchaser, settler, or entryman any public lands of the United States subject to disposition under the public-land laws, and who willfully and falsely represents to such intending purchaser, settler, or entryman that any tract of land shown to him is public land of the United States subject to sale, settlement, or entry, or that it is of a particular surveyed description, with intent to deceive the