§Why CasetextPricing

Mitchell et al v. Winkler County et al

Memorandum in Opposition to Motion

15 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,263 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,161 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' "

  3. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,304 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  4. Adickes v. Kress Co.

    398 U.S. 144 (1970)   Cited 25,057 times   1 Legal Analyses
    Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983

  5. Bordenkircher v. Hayes

    434 U.S. 357 (1978)   Cited 2,902 times   13 Legal Analyses
    Holding that plea bargaining does not violate the Fifth Amendment privilege against self-incrimination

  6. Lormand v. US Unwired, Inc.

    565 F.3d 228 (5th Cir. 2009)   Cited 2,080 times   1 Legal Analyses
    Holding that warnings "d[id] not qualify as meaningful cautionary language" because they "did not disclose that defendants knew from past experience that the [risks] posed an imminent threat of business and financial ruin and that some damage from these risks had already materialized"

  7. Cuvillier v. Taylor

    503 F.3d 397 (5th Cir. 2007)   Cited 1,386 times
    Holding that "to survive a Rule 12(b) motion to dismiss, a complaint 'does not need detailed factual allegations,' but must provide the plaintiff's grounds for entitlement to relief-including factual allegations that when assumed to be true 'raise a right to relief above the speculative level.'" (quoting Twombly, 550 U.S. at 555)

  8. Cinel v. Connick

    15 F.3d 1338 (5th Cir. 1994)   Cited 1,608 times
    Holding that an appellant abandons issues not raised and argued in its initial brief on appeal

  9. Test Masters Educ. Serv., Inc. v. Singh

    428 F.3d 559 (5th Cir. 2005)   Cited 795 times   1 Legal Analyses
    Holding that Singh was precluded from re-litigating issue of secondary meaning

  10. Browning-Ferris Industries Inc. v. Lieck

    881 S.W.2d 288 (Tex. 1994)   Cited 144 times
    Holding loss of consortium claims are premised on the physical injury of the injured spouse

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,547 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 301.4025 - Optional Report By Nurse

    Tex. Occ. Code § 301.4025   Cited 8 times
    Requiring a "written, signed report to the appropriate licensing board"