40 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 271,187 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 283,995 times   370 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. Collins v. Morgan Stanley Dean Witter

    224 F.3d 496 (5th Cir. 2000)   Cited 3,754 times
    Holding that a court may consider “[d]ocuments that a defendant attaches to a motion to dismiss ... if they are referred to in the plaintiff's complaint and are central to her claim” (quoting Venture Assocs. Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993) )
  4. Dorsey v. Portfolio Equities Inc.

    540 F.3d 333 (5th Cir. 2008)   Cited 1,240 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. Benchmark Electronics v. J.M. Huber Corp.

    343 F.3d 719 (5th Cir. 2003)   Cited 858 times
    Holding that the district court plainly erred in treating the defendant's motion for judgment on the pleadings as a motion for summary judgment without allowing discovery, noting that the plaintiff was “deprived of a full and fair opportunity to defend against summary judgment”
  6. Amstadt v. U.S. Brass Corp.

    919 S.W.2d 644 (Tex. 1996)   Cited 801 times
    Holding that the DTPA does not reach upstream manufacturers and suppliers when their misrepresentations are not communicated to the consumer
  7. Jones v. Alcoa

    339 F.3d 359 (5th Cir. 2003)   Cited 568 times
    Holding dismissal under Rule 12(b) may be proper "where it is evident from the plaintiff's pleadings that the action is [time] barred and the pleadings fail to raise some basis for tolling or the like"
  8. Yinguang Chem. Ind. v. Potter

    607 F.3d 1029 (5th Cir. 2010)   Cited 338 times   1 Legal Analyses
    Holding significant payment, among other factors, did not support inference that the defendant did not intend to pay
  9. Cameron v. Terrell Garrett, Inc.

    618 S.W.2d 535 (Tex. 1981)   Cited 623 times
    Holding that every word or phrase excluded from a statute must be presumed to have been excluded for a purpose
  10. Williams v. Henagan

    595 F.3d 610 (5th Cir. 2010)   Cited 228 times
    Holding that when plaintiff "was incarcerated when he brought this suit ... [his] release during the pendency of the suit does not relieve him the obligation to comply with 42 U.S.C. § 1997e ['s exhaustion requirements]"
  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 366,273 times   968 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 166,300 times   198 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 40,488 times   340 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 201 - Short title

    29 U.S.C. § 201   Cited 21,672 times   105 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work
  15. Section 216 - Penalties

    29 U.S.C. § 216   Cited 17,068 times   143 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
  16. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,924 times   234 Legal Analyses
    Establishing overtime rules
  17. Section 203 - Definitions

    29 U.S.C. § 203   Cited 7,089 times   282 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable
  18. Section 17.45 - Definitions

    Tex. Bus. & Com. Code § 17.45   Cited 724 times   2 Legal Analyses
    Denying standing to sue under DTPA where corporation has assets of $25 million
  19. Section 17.565 - Limitation

    Tex. Bus. & Com. Code § 17.565   Cited 292 times   1 Legal Analyses
    Establishing DTPA’s two-year limitations period
  20. Section 51.003 - Definition of Business Opportunity

    Tex. Bus. & Com. Code § 51.003   Cited 2 times

    (a) In this chapter, "business opportunity" means a sale or lease for an initial consideration of more than $500 of products, equipment, supplies, or services that will be used by or for the purchaser to begin a business in which the seller represents that: (1) the purchaser will earn or is likely to earn a profit in excess of the amount of the initial consideration the purchaser paid; and (2) the seller will: (A) provide a location or assist the purchaser in finding a location for the use or operation