16 Cited authorities

  1. 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
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 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. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,158 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"
  4. Jackson v. Bellsouth Telecomms.

    372 F.3d 1250 (11th Cir. 2004)   Cited 1,841 times   1 Legal Analyses
    Holding that the same analysis applies to federal and Florida RICO claims
  5. Assoc. of Cleveland v. Cleveland

    502 F.3d 545 (6th Cir. 2007)   Cited 1,586 times
    Holding that, in order to survive a motion to dismiss under Rule 12(b), a plaintiff's "factual allegations must be enough to raise a right to relief above the speculative level on the assumption that all the allegations in the complaint are true."
  6. Citizens v. Bredesen

    500 F.3d 523 (6th Cir. 2007)   Cited 1,394 times
    Affirming district court opinion
  7. Oxford Asset Management, Ltd. v. Jaharis

    297 F.3d 1182 (11th Cir. 2002)   Cited 787 times
    Holding conclusory allegations are insufficient to state a claim
  8. Riverview Health Ins. v. Med. Mutual

    601 F.3d 505 (6th Cir. 2010)   Cited 598 times
    Holding that a court may deny a motion for leave to amend for futility if the amendment could not withstand a motion to dismiss
  9. Stevenson v. TRW Inc.

    987 F.2d 288 (5th Cir. 1993)   Cited 155 times   1 Legal Analyses
    Holding that, given the complexity of the consumer dispute, the consumer reporting agency acted unreasonably in relying solely on CDV forms
  10. Bakker v. McKinnon

    152 F.3d 1007 (8th Cir. 1998)   Cited 79 times
    Holding that, even in the absence of "out-of-pocket expenses or costs incurred," the district court did not abuse its discretion in awarding actual and punitive damages when appellees testified "about how they felt when appellant obtained their credit reports and violated their privacy, thereby causing them some emotional distress"
  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 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
  12. 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. . . ."
  13. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 2,968 times   44 Legal Analyses
    Granting enforcement power to state and federal regulators
  14. Section 1681i - Procedure in case of disputed accuracy

    15 U.S.C. § 1681i   Cited 1,537 times   28 Legal Analyses
    Relating to indirect disputes