Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal AnalysesHolding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 times 369 Legal AnalysesHolding 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
In re Katrina Canal
495 F.3d 191 (5th Cir. 2007) Cited 4,749 times 6 Legal AnalysesHolding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees
Russello v. United States
464 U.S. 16 (1983) Cited 2,125 times 6 Legal AnalysesHolding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
Collins v. Morgan Stanley Dean Witter
224 F.3d 496 (5th Cir. 2000) Cited 3,655 timesHolding 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) )
In re Am. Med. Sys., Inc.
75 F.3d 1069 (6th Cir. 1996) Cited 1,069 times 6 Legal AnalysesHolding that design and manufacturing differences across ten different models of the same product meant potentially varying results on strict liability, fraudulent misrepresentation, negligence, and failure to warn claims
John v. Nat'l Sec. Fire & Cas. Co.
501 F.3d 443 (5th Cir. 2007) Cited 177 times 5 Legal AnalysesHolding that "[t]he existence of an ascertainable class of persons to be represented by the proposed class representative is an implied prerequisite of the Federal Rule of Civil Procedure 23."
Benavides v. Chicago Title Ins. Co.
636 F.3d 699 (5th Cir. 2011) Cited 44 times 1 Legal AnalysesConcluding Benavides' proposed questions “amount to a case-by-case inquiry to identity and calculate overcharges”
Barrus v. Dick's Sporting Goods, Inc.
732 F. Supp. 2d 243 (W.D.N.Y. 2010) Cited 33 times 1 Legal AnalysesFinding that setting compensation levels is a business, not a fiduciary, decision, even if such a decision has a collateral effect on a plan administered under ERISA
Schilling v. Kenton County
CIVIL ACTION NO. 10-143-DLB (E.D. Ky. Jan. 27, 2011) Cited 22 timesIn Schilling, the proposed class definition consisted of "individuals who while incarcerated were 'subjected to intentional physical and mental abuse by Defendants in violation of the Eighth Amendment... and the Fourteenth Amendment' and were denied 'appropriate and necessary' medical care as a 'result of Defendants' neglect and deliberate indifference.'"
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 357,835 times 950 Legal AnalysesGranting 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 162,084 times 197 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,874 times 1249 Legal AnalysesHolding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Section 13.002 - Definitions
Tex. Water Code § 13.002 Cited 26 timesDefining "retail public utility" to include "municipality" and "political subdivision"
Section 13.505 - Restitution
Tex. Water Code § 13.505 Cited 11 times(a) In this section, "overcharge" means the amount, if any, a tenant is charged for submetered or nonsubmetered master metered utility service to the tenant's dwelling unit after a violation occurred relating to the assessment of a portion of utility costs in excess of the amount the tenant would have been charged under this subchapter. (b) The utility commission has exclusive jurisdiction for violations under this subchapter. (c) If an apartment house owner, condominium manager, manufactured home
Section 13.503 - Submetering Rules
Tex. Water Code § 13.503 Cited 4 times(a) The utility commission shall encourage submetering of individual rental or dwelling units by master meter operators or building owners to enhance the conservation of water resources. (b) Notwithstanding any other law, the utility commission shall adopt rules and standards under which an owner, operator, or manager of an apartment house, manufactured home rental community, or multiple use facility that is not individually metered for water for each rental or dwelling unit may install submetering
Section 24.125 - General Reports
16 Tex. Admin. Code § 24.125 Cited 2 times(a) Who shall file. The recordkeeping, reporting, and filing requirements listed in this section shall apply only to water and sewer utilities, unless otherwise noted in this subchapter. (b) Report attestation. All reports submitted to the commission shall be attested to by an officer or manager of the utility under whose direction the report is prepared, or if under trust or receivership, by the receiver or a duly authorized person, or if not incorporated, by the proprietor, manager, superintendent
Section 24.3 - Definitions of Terms
16 Tex. Admin. Code § 24.3 Cited 1 timesIn this chapter, the following definitions apply unless the context indicates otherwise. (1) Affected county--A county that: (A) Has a per-capita income that averaged 25% below the state average for the most recent three consecutive years for which statistics are available and an unemployment rate that averaged 25% above the state average for the most recent three consecutive years for which statistics are available; (B) Has an international border; (C) Is located in whole or in part within 100 miles