Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 267,097 times 365 Legal AnalysesHolding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Farmer v. Brennan
511 U.S. 825 (1994) Cited 55,629 times 18 Legal AnalysesHolding that the deliberate indifference standard utilized for a conditions of confinement claim "is inappropriate . . . when officials stand accused of using excessive physical force."
Watts v. Fla. Int'l
495 F.3d 1289 (11th Cir. 2007) Cited 1,121 times 1 Legal AnalysesHolding that a complaint is sufficient if it identifies facts that are suggestive enough to render the necessary elements plausible
Horsley v. Feldt
304 F.3d 1125 (11th Cir. 2002) Cited 1,243 timesHolding that the doctrine of "incorporation by reference" applies to motions under Rule 12(c) just as it applies to motions under Rule 12(b) because, if it were otherwise, "the conversion clause of [Rule 12(d) ] would be too easily circumvented and disputed documents attached to an answer would have to be taken as true at the pleadings stage"
Bryant v. Avado Brands, Inc.
187 F.3d 1271 (11th Cir. 1999) Cited 1,281 times 2 Legal AnalysesHolding that “a court, when considering a motion to dismiss in a securities fraud case, may take judicial notice . . . of relevant public documents required to be filed with the SEC”
Grossman v. Nationsbank
225 F.3d 1228 (11th Cir. 2000) Cited 775 timesStating that when considering a motion to dismiss the court limits its consideration to the pleadings and exhibits attached thereto
Financial Sec. v. Stephens, Inc.
500 F.3d 1276 (11th Cir. 2007) Cited 613 timesHolding that it is appropriate to consider a document attached to a motion to dismiss when "a plaintiff refers to a document in its complaint, the document is central to its claim, its contents are not in dispute, and the defendant attaches the document to its motion to dismiss"
Philbin v. Trans Union Corporation
101 F.3d 957 (3d Cir. 1996) Cited 302 timesHolding that "[t]he district court erred by assuming that [plaintiff] could satisfy his burden only by introducing direct evidence that consideration of the inaccurate entry was crucial to the decision to deny credit. While [plaintiff's] case might have been stronger had he deposed or taken affidavits of those responsible for the decision, such evidence is not essential to make out a prima facie case pursuant to § 1681e(b)."
Levine v. World Financial Network Nat. Bank
437 F.3d 1118 (11th Cir. 2006) Cited 229 timesHolding that actual damages are not required to make out a prima facie case of willful noncompliance with the FCRA
Casella v. Equifax Credit Information Services
56 F.3d 469 (2d Cir. 1995) Cited 189 timesHolding that where there is "no evidence that during the period in which [the credit reporting agency] carried the inaccurate" information that it provided plaintiff's "credit report to any third party" no rational trier of fact could infer that any potential creditor or other person in plaintiff's community learned of any helpful information from the defendant credit reporting agency
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,479 times 194 Legal AnalysesHolding 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 19,520 times 10 Legal AnalysesHolding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
Section 1681n - Civil liability for willful noncompliance
15 U.S.C. § 1681n Cited 2,315 times 42 Legal AnalysesIn §§1681n and 1681o, the Act authorizes consumer suits for money damages against "[a]ny person" who willfully or negligently fails to comply with this directive.
Section 1681c - Requirements relating to information contained in consumer reports
15 U.S.C. § 1681c Cited 637 times 58 Legal AnalysesReporting certain criminal information older than 7 years
Section 551.104 - Definitions
5 C.F.R. § 551.104 Cited 98 times 1 Legal AnalysesDefining "reckless disregard" as a "failure to make adequate inquiry into whether conduct is in compliance with the [FLSA]"