12 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
Fed. Deposit Ins. v. Meyer
510 U.S. 471 (1994) Cited 7,263 times 1 Legal Analyses
Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"
Walters v. McMahen
684 F.3d 435 (4th Cir. 2012) Cited 1,272 times
Holding that, as a matter of law, plaintiffs' RICO conspiracy claim failed where the underlying substantive claim was deficient
Commissioner v. Sunnen
333 U.S. 591 (1948) Cited 1,748 times 2 Legal Analyses
Holding that when a court has entered a final judgment dismissing a claim, the parties to the suit are precluded from relitigating it
Grand Entertainment Group v. Star Media Sales
988 F.2d 476 (3d Cir. 1993) Cited 893 times
Holding that the "'person for the time being in charge' of any office or usual place of business of the defendants for purposes of Pennsylvania Rule of Civil Procedure 402 must either be an individual with some direct connection to the party to be served or one zohom the process server determines to be authorized, on the basis of her representation of authority, as evidenced by the affidavit of service"
Robertson v. Sea Pines Real Estate Cos.
679 F.3d 278 (4th Cir. 2012) Cited 288 times
Holding that a complaint can state a § 1 claim if it alleges “direct evidence” of the agreement itself
Denton v. U.S.
CIVIL ACTION NO. 1:04-CV-3285-RLV (N.D. Ga. Dec. 21, 2006) Cited 1 times
CIVIL ACTION NO. 1:04-CV-3285-RLV. December 21, 2006 ORDER ROBERT VINING JR., Senior District Judge This matter is before the court on (1) the plaintiff's Motion for Judgment that Individual Federal Defendants Timely Were Served with Process or in the Alternative for Extension of Time for Service [Doc. No. 252]; the federal defendants' Cross-Motion for Summary Judgment on Defenses of Insufficiency of Process and Insufficiency of Service of Process [Doc. No. 268]; and (3) the plaintiff's Motion for
Sherwood v. United States
112 F.2d 587 (2d Cir. 1940) Cited 16 times
No. 306. June 3, 1940. Appeal from the District Court of the United States for the Eastern District of New York. Action by Jacob L. Sherwood, as judgment-creditor of Frederick Kaiser, against the United States of America and Frederick Kaiser, to recover damages allegedly due defendant Kaiser on his contract with the United States for the construction of a post office. From an order granting a motion of the United States to dismiss the complaint, plaintiff appeals. Reversed. Milton U. Copland, of
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 949 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 4 - Summons
Fed. R. Civ. P. 4 Cited 72,489 times 129 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Montrose v. Commissioner of Internal Revenue et al

12 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 a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"

Holding that, as a matter of law, plaintiffs' RICO conspiracy claim failed where the underlying substantive claim was deficient

Holding that when a court has entered a final judgment dismissing a claim, the parties to the suit are precluded from relitigating it

Holding that a complaint can state a § 1 claim if it alleges “direct evidence” of the agreement itself

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. . . ."

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time