21 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 279,746 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 30,340 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 17,590 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. Jackson v. Bellsouth Telecomms.

    372 F.3d 1250 (11th Cir. 2004)   Cited 1,860 times   1 Legal Analyses
    Holding that the same analysis applies to federal and Florida RICO claims
  6. Davila v. Delta Air Lines, Inc.

    326 F.3d 1183 (11th Cir. 2003)   Cited 881 times   1 Legal Analyses
    Holding that conclusory allegations, unwarranted factual deduction, or legal conclusions masquerading as facts will not prevent dismissal
  7. Bailey v. Janssen Pharmaceutica

    288 F. App'x 597 (11th Cir. 2008)   Cited 261 times   1 Legal Analyses
    Holding that "each defendant, upon formal service of process, [has] thirty days to file a notice of removal pursuant to § 1446(b)."
  8. Christopher v. Cutter Laboratories

    53 F.3d 1184 (11th Cir. 1995)   Cited 122 times   1 Legal Analyses
    Finding prejudice because a properly objected-to instruction, which the court found erroneous because it reflected an incorrect legal standard, instructed the jury on an issue at the heart of the defense's case, and the plaintiff's closing argument emphasized the incorrect legal standard
  9. Beale v. Biomet, Inc.

    492 F. Supp. 2d 1360 (S.D. Fla. 2007)   Cited 64 times   5 Legal Analyses
    Holding learned intermediary doctrine applies to prescription medical devices as well as prescription drugs
  10. Hoffmann-La Roche v. Mason

    27 So. 3d 75 (Fla. Dist. Ct. App. 2009)   Cited 50 times   1 Legal Analyses
    In Hoffmann-La Roche Inc. v. Mason, 27 So. 3d at 77, the plaintiff argued that "the warning label was inadequate to warn physicians that" Accutane, the prescription drug, could lead to the plaintiff developing inflammatory bowel disease ("IBD").
  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 361,353 times   960 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1915 - Proceedings in forma pauperis

    28 U.S.C. § 1915   Cited 304,905 times   38 Legal Analyses
    Holding that, after a plaintiff is granted in forma pauperis status, "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted"
  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 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 29,751 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."
  15. Section 893.13 - Prohibited acts; penalties

    Fla. Stat. § 893.13   Cited 178 times
    Providing that "a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance"