21 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 270,937 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' "
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 237,946 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,766 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Joy v. Bell Helicopter Textron, Inc.
999 F.2d 549 (D.C. Cir. 1993) Cited 161 times
Holding that admission of expert testimony was abuse of discretion when testimony was pure conjecture unsupported by the record
Varner v. District of Columbia
891 A.2d 260 (D.C. 2006) Cited 66 times
Holding that operational manuals do not establish standard of care because, to hold otherwise, “would create the perverse incentive ... to write [manuals] in such a manner as to impose minimal duties ... in order to limit civil liability.”
Morgan v. District of Columbia
468 A.2d 1306 (D.C. 1983) Cited 126 times
Holding that the public duty doctrine generally prevents governments from being held liable for "failure to protect individual citizens from harm caused by criminal conduct"
Meek v. Shepard
484 A.2d 579 (D.C. 1984) Cited 91 times
Rejecting testimony of expert who stated what he would do under similar circumstances rather than describe national standard of care by which the defendant's actions could be measured
Rong Yao Zhou v. Jennifer Mall Restaurant, Inc.
534 A.2d 1268 (D.C. 1987) Cited 76 times 1 Legal Analyses
Holding that violation of statute that imposes criminal sanctions on tavern keepers for serving intoxicated patrons created a duty extending to the general public
Warren v. District of Columbia
444 A.2d 1 (D.C. 1981) Cited 90 times
Concluding that an emergency phone call by a rape victim, followed by inadequate police investigation, was not sufficient to establish a special relationship or justifiable reliance
Tele-Communications of Key West v. U.S.
757 F.2d 1330 (D.C. Cir. 1985) Cited 78 times
Holding that if cable company could show that there were no practical reasons why two cable operators could not serve Air Force base, Air Force's exclusive franchising scheme would violate the first amendment.
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 351,086 times 937 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 331,402 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,276 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

McGaughey v. District of Columbia et al

21 Cited authorities

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 summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that admission of expert testimony was abuse of discretion when testimony was pure conjecture unsupported by the record

Holding that operational manuals do not establish standard of care because, to hold otherwise, “would create the perverse incentive ... to write [manuals] in such a manner as to impose minimal duties ... in order to limit civil liability.”

Holding that the public duty doctrine generally prevents governments from being held liable for "failure to protect individual citizens from harm caused by criminal conduct"

Rejecting testimony of expert who stated what he would do under similar circumstances rather than describe national standard of care by which the defendant's actions could be measured

Holding that violation of statute that imposes criminal sanctions on tavern keepers for serving intoxicated patrons created a duty extending to the general public

Concluding that an emergency phone call by a rape victim, followed by inadequate police investigation, was not sufficient to establish a special relationship or justifiable reliance

Holding that if cable company could show that there were no practical reasons why two cable operators could not serve Air Force base, Air Force's exclusive franchising scheme would violate the first amendment.

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

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"