§Why CasetextPricing

Simmons v. Jackson et al

Motion to Dismiss for Failure to State a Claim

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

    492 U.S. 229 (1989)   Cited 3,674 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 1,170 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 2,746 times   2 Legal Analyses
    Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity

  6. Beck v. Prupis

    529 U.S. 494 (2000)   Cited 550 times
    Holding that in order for a RICO plaintiff to have standing he must establish that his injuries were caused by a predicate act within the meaning of 18 U.S.C. § 1962

  7. Salahuddin v. Cuomo

    861 F.2d 40 (2d Cir. 1988)   Cited 3,393 times
    Holding that district court was "within bounds of discretion to strike or dismiss complaint for noncompliance with Rule 8" where complaint spanned "15 single-spaced pages," and contained "a surfeit of detail."

  8. Spivey v. Robertson

    197 F.3d 772 (5th Cir. 1999)   Cited 1,602 times   1 Legal Analyses
    Holding prosecutors were absolutely immune from liability under §1983 for advising police regarding probable cause to obtain arrest warrant where prosecutors merely evaluated evidence brought to them and did not attest to the truth of that information

  9. Horsley v. Feldt

    304 F.3d 1125 (11th Cir. 2002)   Cited 1,277 times
    Holding that the doctrine of "incorporation by reference" applies to motions under Rule 12(c) just as it applies to motions under Rule 12(b) because, if it were otherwise, "the conversion clause of [Rule 12(d) ] would be too easily circumvented and disputed documents attached to an answer would have to be taken as true at the pleadings stage"

  10. Wynder v. McMahon

    360 F.3d 73 (2d Cir. 2004)   Cited 747 times   2 Legal Analyses
    Holding that district court erred in dismissing on Rule 8 grounds when the complaint, though long, was not "so confused, ambiguous, vague or otherwise unintelligible that its true substance, if any, is well disguised"

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 501,343 times   705 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. 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

  13. 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. . . ."

  14. Section 1985 - Conspiracy to interfere with civil rights

    42 U.S.C. § 1985   Cited 20,293 times   10 Legal Analyses
    Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror

  15. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,283 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  16. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 16,178 times   61 Legal Analyses
    Specifying prohibited activities

  17. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 15,154 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  18. Section 16.003 - Two-Year Limitations Period

    Tex. Civ. Prac. & Rem. Code § 16.003   Cited 2,141 times   7 Legal Analyses
    Providing a two-year limitations period for personal injury actions

  19. Section 16.004 - Four-Year Limitations Period

    Tex. Civ. Prac. & Rem. Code § 16.004   Cited 920 times   4 Legal Analyses
    Stating that the statute of limitations for fraud claims is four years