§Why CasetextPricing

Slorp v. Lerner, Sampson & Rothfuss et al

REPLY to 28 Response to 25 MOTION for Leave to File Second Amended Complaint

20 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 65,323 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,340 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"

  5. Boyle v. United States

    556 U.S. 938 (2009)   Cited 1,179 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."

  6. HDC, LLC v. City of Ann Arbor

    675 F.3d 608 (6th Cir. 2012)   Cited 383 times
    Holding that plaintiffs had failed to state FHA claim through conclusory allegations

  7. Moore v. City of Paducah

    790 F.2d 557 (6th Cir. 1986)   Cited 673 times
    Holding it was abuse of discretion to deny amendment because of undue delay where there was only "relatively light prejudice" to defendant

  8. Glazer v. Chase Home Finance LLC

    704 F.3d 453 (6th Cir. 2013)   Cited 294 times   12 Legal Analyses
    Holding that all “mortgage foreclosure is debt collection” for the purposes of the FDCPA

  9. Tefft v. Seward

    689 F.2d 637 (6th Cir. 1982)   Cited 430 times
    Holding that the district court abused its discretion in not considering the plaintiff's § 1983 claim where the complaint simply alleged assault and battery since the § 1983 claim for excessive force also shared the same facts and similar legal analysis

  10. Hageman v. Signal L. P. Gas, Inc.

    486 F.2d 479 (6th Cir. 1973)   Cited 317 times
    Holding that futility is an important factor when considering a request to amend

  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 164,067 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 94,896 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  14. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 15,234 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include