§Why CasetextPricing

Opperman et al v. Path, Inc. et al

REPLY to Response to Motion

24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 262,920 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,185 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

  3. Simmons v. Abruzzo

    49 F.3d 83 (2d Cir. 1995)   Cited 1,321 times
    Holding dismissal not appropriate where court gave pro se plaintiff no prior warning that discovery failures would result in dismissal

  4. Pervasive Software, Inc. v. Lexware GmbH & Co.

    688 F.3d 214 (5th Cir. 2012)   Cited 434 times
    Finding no personal jurisdiction where defendant "solicits no business . . . through advertising targeted specifically to Texas"

  5. Mink v. AAAA Dev. LLC

    190 F.3d 333 (5th Cir. 1999)   Cited 547 times
    Holding that website is passive when it provides the user with printable forms and displays contact information

  6. Acevedo v. Allsup's Convenience Stores

    600 F.3d 516 (5th Cir. 2010)   Cited 312 times
    Holding that a district court erred by dismissing an “entire action, rather than simply dismissing the claims of any misjoined plaintiffs”

  7. Consolidated Development v. Sherritt, Inc.

    216 F.3d 1286 (11th Cir. 2000)   Cited 375 times
    Holding that the plaintiffs failed to meet their burden and dismissing the case for lack of personal jurisdiction

  8. Nichols v. G.D. Searle Co.

    991 F.2d 1195 (4th Cir. 1993)   Cited 370 times
    Holding "only when the continuous corporate operation within a state is thought so substantial and of such a nature as to justify suit against it on causes of action arising from dealings entirely distinct from those activities may a court assert general jurisdiction over a corporate defendant."

  9. Fraser v. Smith

    594 F.3d 842 (11th Cir. 2010)   Cited 205 times
    Holding that Florida courts could not exercise general personal jurisdiction over foreign company even though the company engaged in marketing activities in Florida, procured liability insurance through a Florida insurance agent, purchased about half of its boats in Florida, and sent employees and representatives to Florida for training

  10. Bearry v. Beech Aircraft Corp.

    818 F.2d 370 (5th Cir. 1987)   Cited 355 times
    Holding that the sale of over $250 million of products to seventeen Texas customers over a five-year period did not constitute systematic and continuous contacts with Texas because delivery was accepted in Kansas

  11. 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 357,280 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

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 161,761 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 36,947 times   148 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  14. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,830 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure