33 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
Hardt v. Reliance Standard Life Ins. Co.
560 U.S. 242 (2010) Cited 1,363 times 30 Legal Analyses
Holding a party need not "prevail[]" to obtain a fee award under § 1132(g); instead, a court has discretion to grant such an award as long as the party "has achieved some degree of success on the merits"
Chaparro v. Carnival Corp.
693 F.3d 1333 (11th Cir. 2012) Cited 1,247 times 2 Legal Analyses
Holding the same when the plaintiffs were "trapped in bus during shooting near [the beach]" where their daughter was shot to death
Brooks v. Blue Cross & Blue Shield of Florida, Inc.
116 F.3d 1364 (11th Cir. 1997) Cited 1,981 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"
Davis v. Coca-Cola Bottling
516 F.3d 955 (11th Cir. 2008) Cited 973 times 2 Legal Analyses
Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine
Anderson v. District Board of Trustees of Central Florida Community College
77 F.3d 364 (11th Cir. 1996) Cited 950 times
Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count
Seville Indus Machinery v. Southmost Machinery
742 F.2d 786 (3d Cir. 1984) Cited 1,179 times
Holding that Rule 9(b) does not requires a plaintiff to plead date, place, or time of alleged fraud
Paylor v. Hartford Fire Ins. Co.
748 F.3d 1117 (11th Cir. 2014) Cited 210 times 6 Legal Analyses
Stating that a shotgun pleading occurs where each count adopts the allegations of all preceding counts
Lampkin-Asam v. Volusia County School Board
261 F. App'x 274 (11th Cir. 2008) Cited 228 times
Holding that a pro se complaint which was "disjointed, repetitive, disorganized and barely comprehensible" was correctly dismissed because such a pleading did not articulate claims with sufficient clarity to allow defendant to frame a responsive pleading
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. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,114 times 335 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 20,561 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

Skinner et al v. Continental Motors, Inc. et al

33 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 a party need not "prevail[]" to obtain a fee award under § 1132(g); instead, a court has discretion to grant such an award as long as the party "has achieved some degree of success on the merits"

Holding the same when the plaintiffs were "trapped in bus during shooting near [the beach]" where their daughter was shot to death

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"

Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine

Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count

Holding that Rule 9(b) does not requires a plaintiff to plead date, place, or time of alleged fraud

Stating that a shotgun pleading occurs where each count adopts the allegations of all preceding counts

Holding that a pro se complaint which was "disjointed, repetitive, disorganized and barely comprehensible" was correctly dismissed because such a pleading did not articulate claims with sufficient clarity to allow defendant to frame a responsive pleading

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. . . ."

Requiring that fraud be pleaded with particularity

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion