§Why CasetextPricing

Shinske v. Johnson & Johnson et al

MOTION to dismiss for failure to state a claim and Incorporated Memorandum of Law

17 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,100 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 280,127 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. Hall v. Bellmon

    935 F.2d 1106 (10th Cir. 1991)   Cited 17,609 times
    Holding for pro se litigants that "conclusory allegations without supporting factual averments are insufficient to state a claim on which relief can be based"

  4. Brooks v. Blue Cross & Blue Shield of Florida, Inc.

    116 F.3d 1364 (11th Cir. 1997)   Cited 1,983 times
    Holding that employees "who have not suffered an injury in that they have been covered by Medicare for the medical care they have received retain a sufficient interest in this action for purposes of the Constitutional 'case or controversy' requirement"

  5. Byrne v. Nezhat

    261 F.3d 1075 (11th Cir. 2001)   Cited 953 times   2 Legal Analyses
    Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case

  6. Davila v. Delta Air Lines, Inc.

    326 F.3d 1183 (11th Cir. 2003)   Cited 882 times   1 Legal Analyses
    Holding that conclusory allegations, unwarranted factual deduction, or legal conclusions masquerading as facts will not prevent dismissal

  7. Garfield v. NDC Health Corp.

    466 F.3d 1255 (11th Cir. 2006)   Cited 706 times   1 Legal Analyses
    Holding that a dismissal can be final even before leave to amend expires

  8. Ziemba v. Cascade Intern., Inc.

    256 F.3d 1194 (11th Cir. 2001)   Cited 766 times   2 Legal Analyses
    Holding that Rule 9(b) satisfied if "complaint sets forth precisely what statements were made in what documents or oral representations or what omissions were made, and the time and place of each statement and the person responsible for making it, . . . the content of such statements and the manner in which they misled plaintiffs, and what defendants obtained as a consequence of the fraud"

  9. Strat. Income Fund v. Spear, Leeds Kellogg

    305 F.3d 1293 (11th Cir. 2002)   Cited 719 times   1 Legal Analyses
    Deciding that the third amended complaint, which contained 127 paragraphs, all incorporated by reference into nine separate counts created an "onerous task" for the trial court to sift through

  10. U.S. ex Rel. Costner v. U.S.

    317 F.3d 883 (8th Cir. 2003)   Cited 266 times
    Finding no intent under the FCA, as matter of law, when a contractor communicates with the government regarding problems and engages in cooperative effort to find a solution

  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 361,853 times   961 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 164,069 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. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,154 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity