12 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,709 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 266,625 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' "
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,505 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Brooks v. Blue Cross & Blue Shield of Florida, Inc.
116 F.3d 1364 (11th Cir. 1997) Cited 1,906 times
Holding that employees "who have not suffered an injury in that they have been covered by Medicare for the medical care they have received retain a sufficient interest in this action for purposes of the Constitutional 'case or controversy' requirement"
Lowrey v. Texas a M University System
117 F.3d 242 (5th Cir. 1997) Cited 1,337 times
Holding that “title IX affords a private right of action for retaliation against the employees of federally funded educational institutions.”
In re Seagate Technology
497 F.3d 1360 (Fed. Cir. 2007) Cited 792 times 86 Legal Analyses
Holding that an "advice of counsel" defense to willful infringement does not waive the attorney-client privilege as to trial counsel partly because post-filing conduct is usually not relevant to a finding of willful infringement
Doe v. Myspace
528 F.3d 413 (5th Cir. 2008) Cited 762 times 5 Legal Analyses
Holding that CDA bars claims for negligence and gross negligence in not preventing a 13 year old girl from lying about her age to create a personal profile that led to contact by a sexual predator
Kaiser Aluminum, Etc. v. Avondale Shipyards
677 F.2d 1045 (5th Cir. 1982) Cited 1,965 times 2 Legal Analyses
Holding that, when a counterclaim showed that a contract was executed outside the limitations period, the "counterclaim on its face appears to reveal the existence of an affirmative defense to it, which would make the granting of a Rule 12(b) dismissal proper"
McZeal v. Sprint Nextel Corp.
501 F.3d 1354 (Fed. Cir. 2007) Cited 410 times 12 Legal Analyses
Holding that a direct infringement claim made in accordance with Form 16 (now Form 18) of the Federal Rules of Civil Procedure meets the Twombly pleading standard
Campbell v. Wells Fargo Bank, N.A.
781 F.2d 440 (5th Cir. 1986) Cited 530 times
Holding that non-customers do not, per se, lack standing to bring an action pursuant to Section 1975
Section 271 - Infringement of patent
35 U.S.C. § 271 Cited 6,040 times 1050 Legal Analyses
Holding that testing is a "use"

Parallel Networks, LLC v. Blockbuster, Inc

12 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 "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that employees "who have not suffered an injury in that they have been covered by Medicare for the medical care they have received retain a sufficient interest in this action for purposes of the Constitutional 'case or controversy' requirement"

Holding that “title IX affords a private right of action for retaliation against the employees of federally funded educational institutions.”

Holding that an "advice of counsel" defense to willful infringement does not waive the attorney-client privilege as to trial counsel partly because post-filing conduct is usually not relevant to a finding of willful infringement

Holding that CDA bars claims for negligence and gross negligence in not preventing a 13 year old girl from lying about her age to create a personal profile that led to contact by a sexual predator

Holding that, when a counterclaim showed that a contract was executed outside the limitations period, the "counterclaim on its face appears to reveal the existence of an affirmative defense to it, which would make the granting of a Rule 12(b) dismissal proper"

Holding that a direct infringement claim made in accordance with Form 16 (now Form 18) of the Federal Rules of Civil Procedure meets the Twombly pleading standard

Holding that non-customers do not, per se, lack standing to bring an action pursuant to Section 1975

Holding that testing is a "use"