17 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,691 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,746 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
Papasan v. Allain
478 U.S. 265 (1986) Cited 17,445 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"
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,319 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Heintz v. Jenkins
514 U.S. 291 (1995) Cited 1,148 times 8 Legal Analyses
Holding that “debt collector” as used in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692a, includes attorneys notwithstanding the definition's lack of an express reference to lawyers or litigation
Grossman v. Nationsbank
225 F.3d 1228 (11th Cir. 2000) Cited 792 times
Stating that when considering a motion to dismiss the court limits its consideration to the pleadings and exhibits attached thereto
GSW, Inc. v. Long County
999 F.2d 1508 (11th Cir. 1993) Cited 853 times
Discussing White, 460 U.S. at 206, 103 S.Ct. 1042
Harvey v. Great Seneca Financial Corp.
453 F.3d 324 (6th Cir. 2006) Cited 373 times
Holding that filing of debt collection action did not constitute harassment or abuse even when debt collector lacked means to establish debt at time of filing action
Doe v. University of South
687 F. Supp. 2d 744 (E.D. Tenn. 2009) Cited 76 times
Holding that the plaintiffs had failed to raise a viable promissory estoppel claim where they did not plead "facts to support a finding that the [defendant's] conduct is the equivalent to fraud"
Deere v. Javitch
413 F. Supp. 2d 886 (S.D. Ohio 2006) Cited 48 times
Holding that "filing a lawsuit, supported by the client's affidavit attesting to the existence and amount of a debt, is not a false representation about the character or legal status of a debt, nor is it unfair or unconscionable" in violation of § 1692(e)—even if the creditor "intends to dismiss if the defendant debtor requests verification of the original debt" based on the economics of pursuing challenged claims
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 361,353 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,831 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Simmons v. Portfolio Recovery Associates LLC et al (TV2)

17 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

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"

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that “debt collector” as used in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692a, includes attorneys notwithstanding the definition's lack of an express reference to lawyers or litigation

Stating that when considering a motion to dismiss the court limits its consideration to the pleadings and exhibits attached thereto

Discussing White, 460 U.S. at 206, 103 S.Ct. 1042

Holding that filing of debt collection action did not constitute harassment or abuse even when debt collector lacked means to establish debt at time of filing action

Holding that the plaintiffs had failed to raise a viable promissory estoppel claim where they did not plead "facts to support a finding that the [defendant's] conduct is the equivalent to fraud"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."