Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 261,602 times 281 Legal AnalysesHolding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 274,949 times 368 Legal AnalysesHolding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Moss v. U.S. Secret Service
572 F.3d 962 (9th Cir. 2009) Cited 8,855 timesHolding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion
Williams v. WMX Technologies, Inc.
112 F.3d 175 (5th Cir. 1997) Cited 1,052 timesHolding Rule 9(b) requires a plaintiff plead the "who, what, when, where, and how" of the alleged fraud
Potter v. Firestone Tire &
6 Cal.4th 965 (Cal. 1993) Cited 864 times 4 Legal AnalysesHolding outrageous conduct exceeds all bounds of that usually tolerated in a civilized community
Jones v. Alcoa
339 F.3d 359 (5th Cir. 2003) Cited 551 timesHolding dismissal under Rule 12(b) may be proper "where it is evident from the plaintiff's pleadings that the action is [time] barred and the pleadings fail to raise some basis for tolling or the like"
Hoffmann-La Roche Inc. v. Zeltwanger
144 S.W.3d 438 (Tex. 2004) Cited 507 times 1 Legal AnalysesHolding that "[w]here the gravamen of a plaintiff's complaint is really another tort, intentional infliction of emotional distress should not be available"
WFAA-TV, Inc. v. McLemore
978 S.W.2d 568 (Tex. 1998) Cited 479 times 1 Legal AnalysesHolding fault "is a constitutional prerequisite for defamation liability"
Childs v. Haussecker
974 S.W.2d 31 (Tex. 1998) Cited 362 timesHolding that latent diseases caused by exposure to toxic substances are inherently undiscoverable
Nathenson v. Zonagen Inc.
267 F.3d 400 (5th Cir. 2001) Cited 322 timesHolding that "the necessary strong inference of scienter" was pleaded as to the president, chief executive officer, and director defendant, in part, because of his heavy involvement in the day-to-day operations of a small company
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 355,868 times 945 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,699 times 329 Legal AnalysesRequiring that fraud be pleaded with particularity
Section 335.1 - Assault, battery or injury or death caused by wrongful act or negligence
Cal. Code Civ. Proc. § 335.1 Cited 2,334 times 6 Legal AnalysesImposing two-year statute of limitations for personal injury claims
Section 16.003 - Two-Year Limitations Period
Tex. Civ. Prac. & Rem. Code § 16.003 Cited 2,135 times 7 Legal AnalysesProviding a two-year limitations period for personal injury actions
Section 340 - Penalty or forfeiture; libel, slander, false imprisonment, seduction, payment on forged check, neglect of animal; officer seizing property; good faith improver
Cal. Code Civ. Proc. § 340 Cited 1,581 times 4 Legal AnalysesProviding a one-year statute of limitations for personal injury claims arising prior to January 1, 2003
Section 3600 - Generally
Cal. Lab. Code § 3600 Cited 908 times 6 Legal AnalysesNoting that liability for compensation under California's Workers’ Compensation Act is "in lieu of any other liability whatsoever to any person "
Section 408.001 - Exclusive Remedy; Exemplary Damages
Tex. Lab. Code § 408.001 Cited 451 times 2 Legal AnalysesAuthorizing gross negligence claims for punitive damages only
Section 16.002 - One-Year Limitations Period
Tex. Civ. Prac. & Rem. Code § 16.002 Cited 277 timesApplying a one-year limitations period for libel and slander