45 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 268,084 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 281,031 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
  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 29,358 times   144 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  4. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 17,511 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
  5. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,397 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
  6. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,569 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"
  7. Linda R. S. v. Richard D

    410 U.S. 614 (1973)   Cited 3,799 times   1 Legal Analyses
    Holding that a mother lacked standing to seek an injunction to force the prosecution of her child’s father for failing to pay child support, reasoning that because prosecution would result only in the father being jailed, it was overly "speculative" whether an injunction would result in future child support payments
  8. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,852 times   19 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues
  9. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,359 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity
  10. Golden v. Zwickler

    394 U.S. 103 (1969)   Cited 1,154 times
    Holding the plaintiff lacked standing to seek a declaratory judgment that a certain New York statute was unconstitutional because it was "most unlikely" that he would be subject to the statute in the future, which "precluded a finding that there was ‘sufficiently immediacy and reality’ here"
  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 362,910 times   962 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 164,593 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 116,228 times   573 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,221 times   337 Legal Analyses
    Requiring that fraud be pleaded with particularity
  15. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 29,389 times   192 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
  16. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 25,183 times   63 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  17. Section 2 - Judicial Power and Jurisdiction

    U.S. Const. art. III, § 2   Cited 11,199 times   4 Legal Analyses
    Granting federal courts power only to resolve “cases” and “controversies”
  18. Section 20-152 - Enforcement

    Ariz. Rev. Stat. § 20-152

    A. If the director has cause to believe that a person has violated any penal provision of this title or other laws relating to insurance, and that prosecution of the person is advisable, he shall certify the facts of such violation to the attorney general, who shall bring and prosecute such action as may be required for the purpose of punishing the violation. B. If the director has cause to believe that any person is violating or is about to violate any provision of this title or any lawful order