62 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,776 times   367 Legal Analyses
    Holding 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' "
  3. Ortiz v. Fibreboard Corp.

    527 U.S. 815 (1999)   Cited 932 times   18 Legal Analyses
    Holding that "a fairness hearing under Rule 23(e) is no substitute for rigorous adherence to those provisions of the Rule designed to protect absentees"
  4. Dorsey v. Portfolio Equities Inc.

    540 F.3d 333 (5th Cir. 2008)   Cited 1,131 times
    Holding that to satisfy Rule 9(b), a plaintiff pleading fraud must "specify the statements contended to be fraudulent, identify the speaker, state when and where the statements were made, and explain why the statements were fraudulent. Put simply, Rule 9(b) requires the complaint to set forth the who, what, when, where, and how of the events at issue."
  5. Southland Securities v. Inspire Ins. Solutions

    365 F.3d 353 (5th Cir. 2004)   Cited 1,150 times   8 Legal Analyses
    Holding that when determining whether a statement made by a corporation was made with scienter it is “appropriate to look to the state of mind of the individual corporate official or officials who make or issue the statement ... rather than generally to the collective knowledge of all the corporation's officers and employees”
  6. DiLeo v. Ernst Young

    901 F.2d 624 (7th Cir. 1990)   Cited 1,594 times   3 Legal Analyses
    Holding accountants owe no duty "to search and sing"
  7. U.S. ex Rel. Grubbs v. Kanneganti

    565 F.3d 180 (5th Cir. 2009)   Cited 782 times   11 Legal Analyses
    Holding that defendants received adequate notice in a False Claims Act case where the complaint alleged a scheme to submit false claims and enough details that the defendants—who "will be in possession of the most relevant records, such as patients’ charts, doctors’ notes, and internal billing records"—could adequately investigate and defend the claims
  8. Elevator Antitrust v. United Tech

    502 F.3d 47 (2d Cir. 2007)   Cited 807 times   3 Legal Analyses
    Holding that allegations of conspiratorial activity “in entirely general terms without any specification of any particular activities by any particular defendant ... was nothing more than a list of theoretical possibilities, which one could postulate without knowing any facts whatever”
  9. Exergen Corporation v. Wal-Mart Stores, Inc.

    575 F.3d 1312 (Fed. Cir. 2009)   Cited 681 times   16 Legal Analyses
    Holding that allegation that "Exergen, its agents and/or attorneys . . . knew of the material information and deliberately withheld or misrepresented it" without naming "the specific individual associated with the filing or prosecution of the application" was not sufficiently particular to satisfy the "who" element of an inequitable conduct claim
  10. Castano v. the Am. Tobacco Co.

    84 F.3d 734 (5th Cir. 1996)   Cited 1,015 times   29 Legal Analyses
    Holding that the district court had not engaged in a rigorous analysis of predominance—that is, whether a Rule 23(b) class type was appropriate
  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 348,310 times   930 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 157,506 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,098 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 548 - Fraudulent transfers and obligations

    11 U.S.C. § 548   Cited 6,529 times   84 Legal Analyses
    Seeking to avoid constructively fraudulent transfers
  15. Section 24.005 - Transfers Fraudulent As to Present and Future Creditors

    Tex. Bus. & Com. Code § 24.005   Cited 453 times   8 Legal Analyses
    Requiring a transferor to act with “actual intent to . . . defraud,” but saying nothing about the transferee's state of mind
  16. Section 24.006 - Transfers Fraudulent As to Present Creditors

    Tex. Bus. & Com. Code § 24.006   Cited 160 times   3 Legal Analyses

    (a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation. (b) A transfer made by a debtor is fraudulent as to a creditor whose claim

  17. Section 24.009 - Defenses, Liability, and Protection of Transferee

    Tex. Bus. & Com. Code § 24.009   Cited 130 times   2 Legal Analyses
    Providing that creditors may recover "the value of the asset transferred," which "must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require"