9 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,100 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,127 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
Burtch v. Milberg Factors, Inc.
662 F.3d 212 (3d Cir. 2011) Cited 2,306 times
Holding that direct evidence of a conspiracy was lacking where the complaint's allegations did not "specify a time or place that any actual agreement to fix credit terms occurred, [or] ...indicate that any particular individuals or [organizations] made such an agreement"
Muttathottil v. Mansfield
381 F. App'x 454 (5th Cir. 2010) Cited 27 times
Finding that a warning against future disruptive behavior in the workplace did not constitute a materially adverse employment action where the plaintiff was not singled out, there was no express threat of reprisal for engaging in protected activity, and no job loss, suspension, salary reduction, reduction of job duties, or any other form of discipline occurred
Shelter Mut. Ins. Co. v. Public Water Supply
747 F.2d 1195 (8th Cir. 1984) Cited 56 times
Disapproving of a party's attempt to incorporate by reference a "lengthy" document incorporating "thirty-six pages of allegations" and noting that " pleading incorporating allegations from other documents must clarify which statements are to be incorporated"
Heintz & Co., Inc. v. Provident Tradesmens Bank & Trust Co.
29 F.R.D. 144 (E.D. Pa. 1961) Cited 13 times
Attaching the original complaint to the third-party complaint did not incorporate the original complaint so as to prevent dismissal of the third-party complaint for failure to state a claim
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 361,853 times 961 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 164,069 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 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 20,592 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

Rhoades v. Allen-Bradley Company et al

9 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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 direct evidence of a conspiracy was lacking where the complaint's allegations did not "specify a time or place that any actual agreement to fix credit terms occurred, [or] ...indicate that any particular individuals or [organizations] made such an agreement"

Disapproving of a party's attempt to incorporate by reference a "lengthy" document incorporating "thirty-six pages of allegations" and noting that " pleading incorporating allegations from other documents must clarify which statements are to be incorporated"

Attaching the original complaint to the third-party complaint did not incorporate the original complaint so as to prevent dismissal of the third-party complaint for failure to state a claim

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. . . ."

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion