30 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 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
  3. 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
  4. Fair Wind Sailing, Inc. v. Dempster

    764 F.3d 303 (3d Cir. 2014)   Cited 2,402 times   10 Legal Analyses
    Holding that Octane Fitness 's interpretation of an "exceptional" case under the Patent Act controls its interpretation under § 1117 because the language is identical and because Congress referenced the Patent Act in passing § 1117
  5. Watts v. Fla. Int'l

    495 F.3d 1289 (11th Cir. 2007)   Cited 1,167 times   1 Legal Analyses
    Holding that a complaint is sufficient if it identifies facts that are suggestive enough to render the necessary elements plausible
  6. GSW, Inc. v. Long County

    999 F.2d 1508 (11th Cir. 1993)   Cited 853 times
    Discussing White, 460 U.S. at 206, 103 S.Ct. 1042
  7. Lewis v. Curtis

    671 F.2d 779 (3d Cir. 1982)   Cited 223 times
    Holding that "the polestar [of recusal] is `[i]mpartiality and the appearance of impartiality.'"
  8. Zlotnick v. Premier Sales

    480 F.3d 1281 (11th Cir. 2007)   Cited 106 times   4 Legal Analyses
    Holding that, despite that an agreement stated that "[s]eller assures that the foregoing purchase price will be the purchase price in the contract for the sale and purchase of the [property,]" the "express terms indicat[ed] that the agreement conferred no interest" in the property and the agreement included a broad cancellation provision, which the seller invoked, so reasonable purchasers would understand that the purchase price was not binding upon cancellation of the agreement
  9. Williams v. Bear Stearns Co.

    725 So. 2d 397 (Fla. Dist. Ct. App. 1998)   Cited 115 times
    Holding that a claim for unjust enrichment fails upon a showing that an express contract exists
  10. Weissman v. National Ass'n

    500 F.3d 1293 (11th Cir. 2007)   Cited 87 times
    Holding an exchange's advertisements promoting a certain stock were not entitled to immunity
  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 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
  12. 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. . . ."
  13. 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
  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,114 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity
  15. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 37,377 times   150 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney
  16. Section 2310 - Remedies in consumer disputes

    15 U.S.C. § 2310   Cited 1,651 times   10 Legal Analyses
    Permitting recovery of "a sum equal to the aggregate amount of cost and expenses (including attorneys’ fees based on actual time expended)"
  17. Section 501.204 - Unlawful acts and practices

    Fla. Stat. § 501.204   Cited 720 times   10 Legal Analyses
    Prohibiting "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce"
  18. Section 501.211 - Other individual remedies

    Fla. Stat. § 501.211   Cited 361 times   6 Legal Analyses
    Providing only for actual damages
  19. Section 5.42 - Authorized relabeling activities by distillers and importers

    27 C.F.R. § 5.42   Cited 3 times
    Explaining that "TTB will evaluate [health-related statements] on a case-by-case basis and may require as part of the health-related statement a disclaimer or some other qualifying statement to dispel any misleading impression conveyed by the health-related statement"
  20. Section 5.34 - [Effective until 3/11/2022] Brand names

    27 C.F.R. § 5.34   Cited 5 times

    (a)Misleading brand names. No label shall contain any brand name, which, standing alone, or in association with other printed or graphic matter, creates any impression or inference as to the age, origin, identity, or other characteristics of the product unless the appropriate TTB officer finds that such brand name (when appropriately qualified if required) conveys no erroneous impressions as to the age, origin, identity, or other characteristics of the product. (b)Trade name of foreign origin. Paragraph