41 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 256,718 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,388 times   367 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' "
  3. Milkovich v. Lorain Journal

    497 U.S. 1 (1990)   Cited 1,720 times   13 Legal Analyses
    Holding that statement of "opinion" reasonably implying false and defamatory facts is subject to same culpability requirements as statement of facts
  4. Hustler Magazine v. Falwell

    485 U.S. 46 (1988)   Cited 796 times   5 Legal Analyses
    Holding that “public figures and public officials” must prove “actual malice” in addition to falsity before recovering for intentional infliction of emotional distress on the basis of speech directed at them
  5. Bryant v. Avado Brands, Inc.

    187 F.3d 1271 (11th Cir. 1999)   Cited 1,292 times   2 Legal Analyses
    Holding that “a court, when considering a motion to dismiss in a securities fraud case, may take judicial notice . . . of relevant public documents required to be filed with the SEC”
  6. Letter Carriers v. Austin

    418 U.S. 264 (1974)   Cited 606 times   5 Legal Analyses
    Holding that a union newsletter's description of a “scab” as a “traitor” could not be construed as a factual assertion
  7. Greenbelt Pub. Assn. v. Bresler

    398 U.S. 6 (1970)   Cited 659 times   2 Legal Analyses
    Holding that use of the word "blackmail" to describe plaintiff's negotiating position could not be understood as a statement of fact
  8. Horsley v. Rivera

    292 F.3d 695 (11th Cir. 2002)   Cited 169 times
    Holding non-literal, figurative language not defamatory
  9. Seelig v. Infinity Broadcasting Corp.

    97 Cal.App.4th 798 (Cal. Ct. App. 2002)   Cited 167 times   3 Legal Analyses
    Holding that "[t]he phrase big skank is not actionable because it is too vague to be capable of being proven true or false" and "the term skank constitutes rhetorical hyperbole which no listener could reasonably have interpreted to be a statement of actual fact"
  10. New Times, Inc. v. Isaacks

    146 S.W.3d 144 (Tex. 2004)   Cited 126 times   1 Legal Analyses
    Holding proof of actual malice requires proof that defendant made statement knowing statement was false or with reckless disregard of truth or falsity of statement
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 158,445 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Section 51-5-1 - Libel defined; publication prerequisite to recovery

    Ga. Code § 51-5-1   Cited 164 times   1 Legal Analyses
    Defining libel as "a false and malicious defamation of another, expressed in print, writing, pictures, or signs, tending to injure the reputation of the person and exposing him to public hatred, contempt, or ridicule"