30 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 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' "
  2. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 61,666 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
  3. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,866 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
  4. Linda R. S. v. Richard D

    410 U.S. 614 (1973)   Cited 3,558 times   1 Legal Analyses
    Holding that a mother lacked standing to seek an injunction to force the prosecution of her child’s father for failing to pay child support, reasoning that because prosecution would result only in the father being jailed, it was overly "speculative" whether an injunction would result in future child support payments
  5. Havens Realty Corp. v. Coleman

    455 U.S. 363 (1982)   Cited 2,029 times   13 Legal Analyses
    Holding that an allegation in the complaint that the plaintiff organization "has had to devote significant resources to identify and counteract the defendant's" illegal practices was sufficient to confer standing to the organization in its own right at the pleading stage
  6. Grossman v. Nationsbank

    225 F.3d 1228 (11th Cir. 2000)   Cited 774 times
    Stating that when considering a motion to dismiss the court limits its consideration to the pleadings and exhibits attached thereto
  7. Garcia v. Copenhaver, Bell Associates

    104 F.3d 1256 (11th Cir. 1997)   Cited 576 times   1 Legal Analyses
    Holding that if a motion implicates the merits of a cause of action, the district court should find jurisdiction exists and treat the objection as a direct attack on the merits of the plaintiff's case
  8. Sterk v. Redbox Automated Retail, LLC

    770 F.3d 618 (7th Cir. 2014)   Cited 217 times   4 Legal Analyses
    Holding that the movant may prevail on summary judgment by demonstrating "an absence of evidence to support the nonmoving party's case"
  9. U.S. v. Lopez

    590 F.3d 1238 (11th Cir. 2009)   Cited 166 times
    Holding a prosecutor's remarks are improper if they attempt to bolster the credibility of a witness based on the government's reputation or through alluding to evidence not admitted at trial and the prohibition against vouching does not forbid prosecutors from arguing credibility
  10. David v. Alphin

    704 F.3d 327 (4th Cir. 2013)   Cited 138 times   15 Legal Analyses
    Holding that a statutory violation alone is not enough
  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 345,982 times   922 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 1109 - Liability for breach of fiduciary duty

    29 U.S.C. § 1109   Cited 2,490 times   9 Legal Analyses
    Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"
  13. Section 1232g - Family educational and privacy rights

    20 U.S.C. § 1232g   Cited 1,218 times   55 Legal Analyses
    Prohibiting release of educational records without consent
  14. Section 1320 - Approval of certain projects

    42 U.S.C. § 1320   Cited 229 times   10 Legal Analyses
    Proscribing fraud related to federal health care programs
  15. Section 2710 - Wrongful disclosure of video tape rental or sale records

    18 U.S.C. § 2710   Cited 207 times   72 Legal Analyses
    Prohibiting disclosure of "personally identifiable information concerning" consumer of video rental establishment without consent
  16. Section 6501 - Definitions

    15 U.S.C. § 6501   Cited 42 times   48 Legal Analyses
    Defining the term “child” to mean “an individual under the age of 13”
  17. Section 99.3 - What definitions apply to these regulations?

    34 C.F.R. § 99.3   Cited 166 times   17 Legal Analyses
    Defining “personally identifiable information” in the education context
  18. Section 164.514 - Other requirements relating to uses and disclosures of protected health information

    45 C.F.R. § 164.514   Cited 100 times   41 Legal Analyses
    Defining de-identified information
  19. Section 312.2 - Definitions

    16 C.F.R. § 312.2   Cited 15 times   10 Legal Analyses

    Child means an individual under the age of 13. Collects or collection means the gathering of any personal information from a child by any means, including but not limited to: (1) Requesting, prompting, or encouraging a child to submit personal information online; (2) Enabling a child to make personal information publicly available in identifiable form. An operator shall not be considered to have collected personal information under this paragraph if it takes reasonable measures to delete all or virtually