30 Cited authorities

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
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' "
Moss v. U.S. Secret Service
572 F.3d 962 (9th Cir. 2009) Cited 8,755 times
Holding 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 1,038 times
Holding 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 854 times 4 Legal Analyses
Holding outrageous conduct exceeds all bounds of that usually tolerated in a civilized community
Jones v. Alcoa
339 F.3d 359 (5th Cir. 2003) Cited 527 times
Holding 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 499 times 1 Legal Analyses
Holding 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 474 times 1 Legal Analyses
Holding fault "is a constitutional prerequisite for defamation liability"
Childs v. Haussecker
974 S.W.2d 31 (Tex. 1998) Cited 359 times
Holding that latent diseases caused by exposure to toxic substances are inherently undiscoverable
Nathenson v. Zonagen Inc.
267 F.3d 400 (5th Cir. 2001) Cited 321 times
Holding 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 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
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,081 times 320 Legal Analyses
Requiring 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 2,296 times 5 Legal Analyses
Imposing two-year statute of limitations for personal injury claims
Section 16.003 - Two-Year Limitations Period
Tex. Civ. Prac. & Rem. Code § 16.003 Cited 2,096 times 7 Legal Analyses
Providing 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 1,569 times 4 Legal Analyses
Providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003
Section 3600 - Generally
Cal. Lab. Code § 3600 Cited 896 times 6 Legal Analyses
Noting 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 448 times 2 Legal Analyses
Authorizing gross negligence claims for punitive damages only
Section 16.002 - One-Year Limitations Period
Tex. Civ. Prac. & Rem. Code § 16.002 Cited 273 times
Applying a one-year limitations period for libel and slander

Li v. Genentech Inc et al

30 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 the court lacked jurisdiction over the district court's deferral of the summary judgment motion

Holding Rule 9(b) requires a plaintiff plead the "who, what, when, where, and how" of the alleged fraud

Holding outrageous conduct exceeds all bounds of that usually tolerated in a civilized community

Holding 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"

Holding that "[w]here the gravamen of a plaintiff's complaint is really another tort, intentional infliction of emotional distress should not be available"

Holding fault "is a constitutional prerequisite for defamation liability"

Holding that latent diseases caused by exposure to toxic substances are inherently undiscoverable

Holding 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

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

Requiring that fraud be pleaded with particularity

Imposing two-year statute of limitations for personal injury claims

Providing a two-year limitations period for personal injury actions

Providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003

Noting that liability for compensation under California's Workers’ Compensation Act is "in lieu of any other liability whatsoever to any person "

Authorizing gross negligence claims for punitive damages only

Applying a one-year limitations period for libel and slander