§Why CasetextPricing

Simmons v. Jackson et al

Motion to Dismiss for Failure to State a Claim

46 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,700 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,482 times   366 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. H. J. Inc. v. Northwestern Bell Telephone Co.

    492 U.S. 229 (1989)   Cited 3,636 times   9 Legal Analyses
    Holding that the continuity prong can be met by showing that related predicate offenses continued over a substantial period of time or posed a threat of continuing activity

  4. Boyle v. United States

    556 U.S. 938 (2009)   Cited 1,144 times   9 Legal Analyses
    Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."

  5. United States v. Turkette

    452 U.S. 576 (1981)   Cited 2,722 times   2 Legal Analyses
    Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity

  6. Reves v. Ernst Young

    507 U.S. 170 (1993)   Cited 1,418 times   1 Legal Analyses
    Holding that the defendant "participates" if he "directs" the pattern of racketeering activity

  7. Williams v. WMX Technologies, Inc.

    112 F.3d 175 (5th Cir. 1997)   Cited 1,037 times
    Holding Rule 9(b) requires a plaintiff plead the "who, what, when, where, and how" of the alleged fraud

  8. St. Paul Mercury Ins. Co. v. Williamson

    224 F.3d 425 (5th Cir. 2000)   Cited 431 times   1 Legal Analyses
    Holding that the entry of summary judgment on fraud and conspiracy claims was not sufficient notice that the court would enter summary judgment on a malicious prosecution claim

  9. Tel-Phonic Services, Inc. v. TBS Intern

    975 F.2d 1134 (5th Cir. 1992)   Cited 548 times
    Holding that an out-of-circuit pre-transfer decision dismissing some of the claims against the defendants is appealable to this Court after a district court in this circuit enters final judgment on the remaining claims

  10. Cantey Hanger, LLP v. Byrd

    58 Tex. Sup. Ct. J. 1400 (Tex. 2015)   Cited 259 times   3 Legal Analyses
    Holding that attorneys are immune from civil liability to non-clients for conduct within scope of representation

  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 347,976 times   926 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,072 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,942 times   60 Legal Analyses
    Specifying prohibited activities

  14. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,989 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include