26 Cited authorities

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
Erickson v. Pardus
551 U.S. 89 (2007) Cited 65,199 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"
Foman v. Davis
371 U.S. 178 (1962) Cited 29,738 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Gomez v. Toledo
446 U.S. 635 (1980) Cited 5,504 times 1 Legal Analyses
Holding that defendant bears burden of pleading defenses
In re Katrina Canal
495 F.3d 191 (5th Cir. 2007) Cited 4,816 times 6 Legal Analyses
Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees
Eminence Capital, LLC v. Aspeon, Inc.
316 F.3d 1048 (9th Cir. 2003) Cited 5,136 times 1 Legal Analyses
Holding that the district court abused its discretion because "[d]ismissal with prejudice and without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment"
Collins v. Morgan Stanley Dean Witter
224 F.3d 496 (5th Cir. 2000) Cited 3,698 times
Holding that a court may consider “[d]ocuments that a defendant attaches to a motion to dismiss ... if they are referred to in the plaintiff's complaint and are central to her claim” (quoting Venture Assocs. Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993) )
Lormand v. US Unwired, Inc.
565 F.3d 228 (5th Cir. 2009) Cited 2,220 times 5 Legal Analyses
Holding that warnings "d[id] not qualify as meaningful cautionary language" because they "did not disclose that defendants knew from past experience that the [risks] posed an imminent threat of business and financial ruin and that some damage from these risks had already materialized"
Lane v. Halliburton
529 F.3d 548 (5th Cir. 2008) Cited 704 times 1 Legal Analyses
Holding that "the case needs further factual development before it can be known whether [the political-question] doctrine is actually an impediment"
Guidry v. American Pub. Ins. Co.
512 F.3d 177 (5th Cir. 2007) Cited 571 times
Finding the insurer's arguments suspect because it changed the way it interpreted "actual charges" and then alleged the phrase was not ambiguous
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
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. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 94,788 times 92 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 2298 - Enrichment without cause; compensation
La. Civ. Code art. 2298 Cited 221 times
Codifying Louisiana's doctrine of unjust enrichment
Section 2299 - Obligation to restore
La. Civ. Code art. 2299 Cited 58 times
A person who has received a payment or a thing not owed to him is bound to restore it to the person from whom he received it. La. C.C. § 2299 Acts 1995, No. 1041, §1, eff. Jan. 1, 1996. Acts 1995, No. 1041, §1, eff. 1/1/1996.
Section 2032 - Prescription of action
La. Civ. Code art. 2032 Cited 30 times
Action for annulment of an absolutely null contract does not prescribe. Action of annulment of a relatively null contract must be brought within five years from the time the ground for nullity either ceased, as in the case of incapacity or duress, or was discovered, as in the case of error or fraud. Nullity may be raised at any time as a defense against an action on the contract, even after the action for annulment has prescribed. La. C.C. § 2032 Acts 1984, No. 331, §1, eff. Jan. 1, 1985. Acts 1984

Pinero v. Jackson Hewitt Tax Service Inc. et al

26 Cited authorities

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

Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

Holding that defendant bears burden of pleading defenses

Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees

Holding that the district court abused its discretion because "[d]ismissal with prejudice and without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment"

Holding that a court may consider “[d]ocuments that a defendant attaches to a motion to dismiss ... if they are referred to in the plaintiff's complaint and are central to her claim” (quoting Venture Assocs. Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993) )

Holding that warnings "d[id] not qualify as meaningful cautionary language" because they "did not disclose that defendants knew from past experience that the [risks] posed an imminent threat of business and financial ruin and that some damage from these risks had already materialized"

Holding that "the case needs further factual development before it can be known whether [the political-question] doctrine is actually an impediment"

Finding the insurer's arguments suspect because it changed the way it interpreted "actual charges" and then alleged the phrase was not ambiguous

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, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Codifying Louisiana's doctrine of unjust enrichment