42 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,544 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 266,461 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' "
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 27,821 times 138 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Clapper v. Amnesty Int'l USA
568 U.S. 398 (2013) Cited 3,050 times 169 Legal Analyses
Holding that respondents could not establish injury by relying on a "speculative chain of possibilities"
Lexmark Int'l, Inc. v. Static Control Components, Inc.
572 U.S. 118 (2014) Cited 2,834 times 69 Legal Analyses
Holding that a plaintiff seeking to bring suit under a federal statute must show not only that he has standing under Article III, but also that his "complaint fall within the zone of interests protected by the law" invoked
Medimmune, Inc. v. GenenTech, Inc.
549 U.S. 118 (2007) Cited 2,534 times 90 Legal Analyses
Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"
Ameritas Variable Life Ins. Co. v. Roach
411 F.3d 1328 (11th Cir. 2005) Cited 321 times 2 Legal Analyses
Finding no abuse of discretion in district court's decision to dismiss declaratory judgment action in favor of parallel state court action
J. J. Vision Care v. 1-800 Contacts
299 F.3d 1242 (11th Cir. 2002) Cited 268 times 2 Legal Analyses
Vacating preliminary injunction against defendant due to lack of evidence that defendant's references in advertising to "eye doctor" rather than "eye care practitioner" could have had any effect on consumer behavior
Dennis Melancon, Inc. v. City of New Orleans
703 F.3d 262 (5th Cir. 2012) Cited 129 times
Holding a taxi license was not a property interest under the Takings Clause because it was understood as a "privilege"
QBE Insurance Corp. v. Chalfonte Condominium Apartment Ass'n
94 So. 3d 541 (Fla. 2012) Cited 110 times 1 Legal Analyses
Holding that failure to comply with the language and type-size requirements in § 627.701 does not render a hurricane deductible provision void
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 345,715 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
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,270 times 320 Legal Analyses
Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
Section 501.203 - Definitions
Fla. Stat. § 501.203 Cited 256 times 7 Legal Analyses
Basing a violation of FDUTPA on, among other things, "[t]he standards of unfairness and deception set forth and interpreted by the Federal Trade Commission"
Section 627.405 - Insurable interest; property
Fla. Stat. § 627.405 Cited 59 times 1 Legal Analyses
(1) No contract of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured as at the time of the loss. (2) "Insurable interest" as used in this section means any actual, lawful, and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction, or pecuniary damage or impairment. (3) The measure

Miadeco Corp. et al v. Uber Technologies, Inc. et al

42 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 elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding that respondents could not establish injury by relying on a "speculative chain of possibilities"

Holding that a plaintiff seeking to bring suit under a federal statute must show not only that he has standing under Article III, but also that his "complaint fall within the zone of interests protected by the law" invoked

Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"

Finding no abuse of discretion in district court's decision to dismiss declaratory judgment action in favor of parallel state court action

Vacating preliminary injunction against defendant due to lack of evidence that defendant's references in advertising to "eye doctor" rather than "eye care practitioner" could have had any effect on consumer behavior

Holding a taxi license was not a property interest under the Takings Clause because it was understood as a "privilege"

Holding that failure to comply with the language and type-size requirements in § 627.701 does not render a hurricane deductible provision void

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

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

Basing a violation of FDUTPA on, among other things, "[t]he standards of unfairness and deception set forth and interpreted by the Federal Trade Commission"