§Why CasetextPricing

Pawley et al v. Marie et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

18 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 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 276,716 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. Heck v. Humphrey

    512 U.S. 477 (1994)   Cited 30,073 times   25 Legal Analyses
    Holding that a Section 1983 plaintiff may not seek damages for an allegedly unconstitutional conviction or sentence unless the conviction or sentence has been invalidated

  4. Hall v. Bellmon

    935 F.2d 1106 (10th Cir. 1991)   Cited 17,420 times
    Holding for pro se litigants that "conclusory allegations without supporting factual averments are insufficient to state a claim on which relief can be based"

  5. Mut. Pharm. Co. v. Bartlett

    570 U.S. 472 (2013)   Cited 425 times   67 Legal Analyses
    Holding "state-law design-defect claims that turn on the adequacy of a drug's warnings are pre-empted by federal law under PLIVA"

  6. Davila v. Delta Air Lines, Inc.

    326 F.3d 1183 (11th Cir. 2003)   Cited 874 times   1 Legal Analyses
    Holding that conclusory allegations, unwarranted factual deduction, or legal conclusions masquerading as facts will not prevent dismissal

  7. Yates v. Ortho-Mcneil-Janssen Pharm., Inc.

    808 F.3d 281 (6th Cir. 2015)   Cited 89 times   18 Legal Analyses
    Holding that post-approval design defect claim against brand-name drug manufacturers was "clearly preempted" because "federal law prohibited defendants from decreasing the dosage of estrogen post- approval"

  8. Utts v. Bristol-Myers Squibb Co.

    226 F. Supp. 3d 166 (S.D.N.Y. 2016)   Cited 35 times   1 Legal Analyses
    Finding all design defect claims preempted and dismissing the plaintiffs' design defect cause of action without leave to amend

  9. Colville v. Pharmacia & Upjohn Co.

    565 F. Supp. 2d 1314 (N.D. Fla. 2008)   Cited 32 times   1 Legal Analyses
    Finding warning adequate as a matter of law and explaining that plaintiff lacked expert evidence on the issue

  10. Behm v. Campbell

    925 So. 2d 1070 (Fla. Dist. Ct. App. 2006)   Cited 26 times
    Holding that defendant's plea of no contest, accompanied by a withhold of adjudication of guilt, nevertheless established probable cause for the defendant's arrest and precluded a collateral challenge of the legality of that arrest by way of a civil suit for false arrest

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 501,343 times   705 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. 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 357,835 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

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,431 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."