40 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,044 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 266,932 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' "
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 16,774 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,517 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"
Younger v. Harris
401 U.S. 37 (1971) Cited 16,729 times 14 Legal Analyses
Holding that it was improper for the district court in that case to enjoin a state prosecution against Younger, in light of "the national policy forbidding federal courts to stay or enjoin pending state court proceedings except under special circumstances"
Middlesex Ethics Comm. v. Garden State Bar Assn
457 U.S. 423 (1982) Cited 4,406 times 1 Legal Analyses
Holding that because an important state interest was involved and no bad faith, harassment, or other exceptional circumstances dictated to the contrary, federal courts should abstain from interfering with ongoing state bar disciplinary proceedings
Pennzoil Co. v. Texaco Inc.
481 U.S. 1 (1987) Cited 2,246 times 1 Legal Analyses
Holding that a federal court may not enjoin execution of a state court judgment pending appeal of that judgment to a state appellate court
Huffman v. Pursue, Ltd.
420 U.S. 592 (1975) Cited 1,836 times 2 Legal Analyses
Holding that Younger abstention is warranted when a civil enforcement action that is "akin to a criminal prosecution" is pending in state court
Moore v. Sims
442 U.S. 415 (1979) Cited 1,412 times 1 Legal Analyses
Holding that Younger abstention applies to family law cases
Juidice v. Vail
430 U.S. 327 (1977) Cited 1,286 times
Holding that "it is abundantly clear that appellees had an opportunity to present their federal claims in the state proceedings. No more is required to invoke Younger abstention." (footnote omitted)
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 487,288 times 691 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
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 346,241 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,377 times 194 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,490 times 134 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Section 1334 - Bankruptcy cases and proceedings
28 U.S.C. § 1334 Cited 40,708 times 57 Legal Analyses
Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"
Section 1988 - Proceedings in vindication of civil rights
42 U.S.C. § 1988 Cited 21,800 times 43 Legal Analyses
Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)
Section 1985 - Conspiracy to interfere with civil rights
42 U.S.C. § 1985 Cited 19,840 times 10 Legal Analyses
Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror
Section 1986 - Action for neglect to prevent
42 U.S.C. § 1986 Cited 5,122 times 2 Legal Analyses
Setting a 1-year statute of limitations
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
Section 39-13-101 - Assault
Tenn. Code § 39-13-101 Cited 876 times
Defining assault

Pethtel et al v. State of Tennessee Department of Children's Services et al (TV2)

40 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 with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

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 it was improper for the district court in that case to enjoin a state prosecution against Younger, in light of "the national policy forbidding federal courts to stay or enjoin pending state court proceedings except under special circumstances"

Holding that because an important state interest was involved and no bad faith, harassment, or other exceptional circumstances dictated to the contrary, federal courts should abstain from interfering with ongoing state bar disciplinary proceedings

Holding that a federal court may not enjoin execution of a state court judgment pending appeal of that judgment to a state appellate court

Holding that Younger abstention is warranted when a civil enforcement action that is "akin to a criminal prosecution" is pending in state court

Holding that Younger abstention applies to family law cases

Holding that "it is abundantly clear that appellees had an opportunity to present their federal claims in the state proceedings. No more is required to invoke Younger abstention." (footnote omitted)

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"

Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)

Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror

Setting a 1-year statute of limitations

Prohibiting release of educational records without consent

Defining assault