58 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,377 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 266,313 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' "
Buckman Co. v. Plaintiffs' Legal Committee
531 U.S. 341 (2001) Cited 1,184 times 80 Legal Analyses
Holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA
Cuvillier v. Taylor
503 F.3d 397 (5th Cir. 2007) Cited 1,374 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)
Carroll v. Fort James Corp.
470 F.3d 1171 (5th Cir. 2006) Cited 672 times
Holding that district courts should only dismiss claims sua sponte if the court provides notice of its "intention and an opportunity to respond"
Stahl v. Novartis Pharmaceuticals Corp.
283 F.3d 254 (5th Cir. 2002) Cited 642 times 5 Legal Analyses
Holding that an inadequate warning plaintiff must "go beyond the pleadings and designate specific facts in the record showing that there is a genuine issue for trial to defeat summary judgment"
Ferrer v. Chevron Corp.
484 F.3d 776 (5th Cir. 2007) Cited 449 times
Affirming Rule 12(b) dismissal of an ERISA claim for lack of a causal relationship between the alleged breach of fiduciary duty and damages
Campo v. Correa
828 So. 2d 502 (La. 2002) Cited 455 times
Holding that a petition was not facially prescribed under the statute of limitations for medical malpractice claims and that the lower court erred in shifting the burden to the plaintiff to show that prescription was interrupted
Tel-Phonic Services, Inc. v. TBS Intern
975 F.2d 1134 (5th Cir. 1992) Cited 548 times
Holding that an out-of-circuit pre-transfer decision dismissing some of the claims against the defendants is appealable to this Court after a district court in this circuit enters final judgment on the remaining claims
Wimm v. Jack Eckerd Corp.
3 F.3d 137 (5th Cir. 1993) Cited 496 times
Holding that a claim not raised in a complaint was "never before the district court"
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 345,529 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,008 times 193 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 38,894 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 321 - Definitions; generally
21 U.S.C. § 321 Cited 1,166 times 161 Legal Analyses
Defining “new drug”
Section 3492 - Delictual actions
La. Civ. Code art. 3492 Cited 1,066 times 2 Legal Analyses
Establishing one-year prescription period for "[d]elictual actions"
Section 352 - Misbranded drugs and devices
21 U.S.C. § 352 Cited 739 times 73 Legal Analyses
Setting labeling requirements for drug products
Section 2520 - Warranty against redhibitory defects
La. Civ. Code art. 2520 Cited 244 times
Defining redhibition as an action for rescission of a sale of a defective product
Section 2315.3 - Additional damages; child pornography
La. Civ. Code art. 2315.3 Cited 91 times 1 Legal Analyses
Authorizing punitive damages for wanton or reckless behavior in the storage, handling, or transportation of hazardous or toxic substances
Section 2315.4 - Additional damages; intoxicated defendant
La. Civ. Code art. 2315.4 Cited 59 times
Allowing punitive damages when the damage results from the defendant's intoxication
Section 2524 - Thing fit for ordinary use
La. Civ. Code art. 2524 Cited 40 times
Stating that a "thing sold must be reasonably fit for its ordinary use"

Modicue v. Astrazeneca Pharmaceuticals L P et al

58 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 federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA

Holding that district courts should only dismiss claims sua sponte if the court provides notice of its "intention and an opportunity to respond"

Holding that an inadequate warning plaintiff must "go beyond the pleadings and designate specific facts in the record showing that there is a genuine issue for trial to defeat summary judgment"

Affirming Rule 12(b) dismissal of an ERISA claim for lack of a causal relationship between the alleged breach of fiduciary duty and damages

Holding that a petition was not facially prescribed under the statute of limitations for medical malpractice claims and that the lower court erred in shifting the burden to the plaintiff to show that prescription was interrupted

Holding that an out-of-circuit pre-transfer decision dismissing some of the claims against the defendants is appealable to this Court after a district court in this circuit enters final judgment on the remaining claims

Holding that a claim not raised in a complaint was "never before the district court"

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. . . ."

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Defining “new drug”

Establishing one-year prescription period for "[d]elictual actions"

Setting labeling requirements for drug products

Defining redhibition as an action for rescission of a sale of a defective product

Authorizing punitive damages for wanton or reckless behavior in the storage, handling, or transportation of hazardous or toxic substances

Allowing punitive damages when the damage results from the defendant's intoxication

Stating that a "thing sold must be reasonably fit for its ordinary use"