21 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. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 17,278 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"
  4. 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
  5. Ibarra v. U.S.

    120 F.3d 472 (4th Cir. 1997)   Cited 1,622 times
    Holding that "once the Government initiates forfeiture proceedings, the district court is divested of jurisdiction . . . remains without jurisdiction during the pendency of the proceeding unless the claimant timely files a claim"
  6. Secretary v. Trimble

    484 F.3d 700 (4th Cir. 2007)   Cited 1,010 times
    Holding that court may take judicial notice of matters of public record without converting motion to dismiss into motion for summary judgment
  7. Revene v. Charles County Com'rs

    882 F.2d 870 (4th Cir. 1989)   Cited 1,524 times
    Holding "[t]he separate claim against the 'Office of Sheriff' [in Charles County, Maryland] was rightly dismissed on the basis that this 'office' is not a cognizable legal entity separate from the Sheriff in his official capacity and the county government of which this 'office' is simply an agency"
  8. Guimond v. Trans Union Credit Information Co.

    45 F.3d 1329 (9th Cir. 1995)   Cited 418 times
    Holding that damages for emotional distress were available under the Fair Credit Reporting Act where the plaintiff suffered from sleeplessness, nervousness, frustration, and mental anguish as a result of the statutory violation
  9. Cahlin v. General Motors Acceptance Corp.

    936 F.2d 1151 (11th Cir. 1991)   Cited 330 times
    Holding that in order to state a claim for a violation of the similarly-worded § 1681e(b), a plaintiff must show that the CRA actually reported inaccurate information and that it failed to follow reasonable procedures
  10. Bagwell v. Peninsula Regional Medical

    106 Md. App. 470 (Md. Ct. Spec. App. 1995)   Cited 280 times
    Holding that an employee does not have a negligent-investigation claim, in part, because of the at-will employment relationship
  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 1681i - Procedure in case of disputed accuracy

    15 U.S.C. § 1681i   Cited 1,537 times   28 Legal Analyses
    Relating to indirect disputes
  14. Section 1681h - Conditions and form of disclosure to consumers

    15 U.S.C. § 1681h   Cited 738 times   3 Legal Analyses
    Prohibiting consumers from bringing "any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency . . . except as to false information furnished with malice or willful intent to injure such consumer"
  15. Section 1681s - Administrative enforcement

    15 U.S.C. § 1681s   Cited 300 times   5 Legal Analyses
    Stating that FCRA violations "shall be subject to enforcement by the Federal Trade Commission under section 5(b) of the Federal Trade Commission Act"
  16. Rule 5-105 - Limited Admissibility

    Md. R. Evid. 5-105   Cited 17 times

    When evidence is admitted that is admissible as to one party or for one purpose but not admissible as to another party or for another purpose, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly. Md. R. Evid. 5-105 This Rule is derived without substantive change from F.R.Ev. 105. Any language differences are solely for purposes of style and clarification. Adopted Dec. 15, 1993, eff. 7/1/1994. Committee note: This Rule is silent on the timing