92 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 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 273,590 times   368 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 63,493 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"
  4. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 218,869 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  5. Haines v. Kerner

    404 U.S. 519 (1972)   Cited 59,572 times
    Holding pro se submissions "to less stringent standards than formal pleadings drafted by lawyers"
  6. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,952 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"
  7. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,340 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"
  8. Brooks v. Ross

    578 F.3d 574 (7th Cir. 2009)   Cited 3,298 times
    Holding that a claim is plausible if the facts alleged raise a reasonable expectation that discovery will yield evidence supporting the allegations
  9. Braden v. Wal-Mart Stores

    588 F.3d 585 (8th Cir. 2009)   Cited 1,919 times   6 Legal Analyses
    Holding fiduciary had duty to disclose "complete and accurate material information about the Plan funds and the process by which they were selected"
  10. Gonzalez v. Kay

    577 F.3d 600 (5th Cir. 2009)   Cited 1,182 times   1 Legal Analyses
    Holding that some letters are "so deceptive and misleading as to violate the FDCPA as a matter of law," others are not deceptive as a matter of law, and many are somewhere in the middle, requiring further consideration by the district court beyond the initial motion to dismiss phase of the pleadings.
  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 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 333,232 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  14. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,441 times   49 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
  15. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,991 times   110 Legal Analyses
    Banning "[t]he threat to take any action that cannot legally be taken or that is not intended to be taken"
  16. Rule 7.1 - Disclosure Statement

    Fed. R. Civ. P. 7.1   Cited 1,096 times   13 Legal Analyses
    Governing corporate disclosure statements