21 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,882 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 277,112 times 369 Legal Analyses
Holding 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
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 17,246 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Scheuer v. Rhodes
416 U.S. 232 (1974) Cited 22,596 times 3 Legal Analyses
Holding that executive branch officers had qualified immunity
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,179 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Directv, Inc. v. Tyreesh
487 F.3d 471 (6th Cir. 2007) Cited 2,402 times
Holding that Kentucky's taxing scheme designed to attract certain kinds of business did not violate the dormant Commerce Clause
Weiner v. Klais and Co., Inc.
108 F.3d 86 (6th Cir. 1997) Cited 1,698 times
Holding that a document incorporated by reference in a complaint can be introduced by a defendant if it is not attached by plaintiff
Inge v. Rock Financial Corp.
281 F.3d 613 (6th Cir. 2002) Cited 1,295 times
Holding that the defendant would not suffer prejudice when the plaintiff sought to refine existing claims rather than add brand-new claims
Trau-Med v. Allstate Ins. Co.
71 S.W.3d 691 (Tenn. 2002) Cited 588 times
Holding that an insurer can be liable "for the acts or omissions of an attorney hired to represent an insured when those acts or omissions were, at least in part, directed, commanded, or knowingly authorized by the insurer"
Chesbrough v. Vpa
655 F.3d 461 (6th Cir. 2011) Cited 266 times 11 Legal Analyses
Holding that "Medicare does not require compliance with an industry standard as a prerequisite to payment"
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 358,269 times 950 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 162,307 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,914 times 333 Legal Analyses
Requiring that fraud be pleaded with particularity

MedApproach Holdings, Inc. v. Hawkins et al

21 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding 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

Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding that executive branch officers had qualified immunity

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that Kentucky's taxing scheme designed to attract certain kinds of business did not violate the dormant Commerce Clause

Holding that a document incorporated by reference in a complaint can be introduced by a defendant if it is not attached by plaintiff

Holding that the defendant would not suffer prejudice when the plaintiff sought to refine existing claims rather than add brand-new claims

Holding that an insurer can be liable "for the acts or omissions of an attorney hired to represent an insured when those acts or omissions were, at least in part, directed, commanded, or knowingly authorized by the insurer"

Holding that "Medicare does not require compliance with an industry standard as a prerequisite to payment"

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. . . ."

Requiring that fraud be pleaded with particularity