30 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Warth v. Seldin
422 U.S. 490 (1975) Cited 12,142 times 15 Legal Analyses
Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
Associated General Contractors v. Carpenters
459 U.S. 519 (1983) Cited 5,174 times 34 Legal Analyses
Holding that a union lacked standing to sue for injuries passed on to it by intermediaries
Francis v. Giacomelli
588 F.3d 186 (4th Cir. 2009) Cited 4,030 times
Holding that the defendant was entitled to qualified immunity since "his actions were not clearly unlawful when performed"
Edwards v. City of Goldsboro
178 F.3d 231 (4th Cir. 1999) Cited 6,761 times 2 Legal Analyses
Holding that First Amendment rights of an off-duty officer communicating about concealed weapons were sufficiently established by precedent regarding off-duty officer's entertainment performances
Harrison v. Westinghouse Savannah River Co.
176 F.3d 776 (4th Cir. 1999) Cited 2,023 times 10 Legal Analyses
Holding that the plaintiff's allegation that the defendant represented that a particular project would take 1.5 years to complete, even though it knew it would take significantly longer, constituted a false statement under the FCA
Horvath v. Bank of N.Y., N.A.
641 F.3d 617 (4th Cir. 2011) Cited 106 times
Holding that a transferee note holder had the authority to enforce a note by appointing a substitute trustee and foreclosing on property under Virginia common law and statutes
Squire v. Va. Hous. Dev. Auth.
287 Va. 507 (Va. 2014) Cited 91 times
Holding that "the deed of trust incorporated certain regulations of the United States Department of Housing and Urban Development ("HUD"), and mandated that foreclosure was not permitted where it violated such HUD regulations" despite the regulation itself not providing a private cause of action
State Farm Mutual Auto. Ins. Co. v. Remley
270 Va. 209 (Va. 2005) Cited 100 times
Listing factors to consider but not a specific test or standard to apply
Tapia v. U.S. Bank, N.A.
718 F. Supp. 2d 689 (E.D. Va. 2010) Cited 83 times
Noting that declaratory judgments are inappropriate "if the questionable conduct has already occurred or damages have already accrued"
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 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 162,084 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 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,880 times 331 Legal Analyses
Requiring that fraud be pleaded with particularity

Rodriguez v. The Bank of New York Mellon, N.A. et al

30 Cited authorities

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

Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

Holding that the defendant was entitled to qualified immunity since "his actions were not clearly unlawful when performed"

Holding that First Amendment rights of an off-duty officer communicating about concealed weapons were sufficiently established by precedent regarding off-duty officer's entertainment performances

Holding that the plaintiff's allegation that the defendant represented that a particular project would take 1.5 years to complete, even though it knew it would take significantly longer, constituted a false statement under the FCA

Holding that a transferee note holder had the authority to enforce a note by appointing a substitute trustee and foreclosing on property under Virginia common law and statutes

Holding that "the deed of trust incorporated certain regulations of the United States Department of Housing and Urban Development ("HUD"), and mandated that foreclosure was not permitted where it violated such HUD regulations" despite the regulation itself not providing a private cause of action

Listing factors to consider but not a specific test or standard to apply

Noting that declaratory judgments are inappropriate "if the questionable conduct has already occurred or damages have already accrued"

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. . . ."

Requiring that fraud be pleaded with particularity