§Why CasetextPricing

Smc Systems, Inc. v. Peg, Llc et al

MOTION to dismiss for failure to state a claim

28 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 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 280,791 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 65,504 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. Roe v. Aware Woman Center for Choice, Inc.

    253 F.3d 678 (11th Cir. 2001)   Cited 964 times
    Holding complaint must "contain inferential allegations from which [the court] can identify each of the material elements necessary to sustain a recovery"

  5. Griffin v. Irvin

    496 F.3d 1189 (11th Cir. 2007)   Cited 710 times
    Holding that the language in the Equal Protection Clause "may, as it does here, simply operate at too high a level of generality" to make prior case law unnecessary, and that the broad legal principles in "class of one" cases were inapplicable because "the precise facts of a case are critical in evaluating a 'class of one' claim"

  6. Dussouy v. Gulf Coast Inv. Corp.

    660 F.2d 594 (5th Cir. 1981)   Cited 1,244 times
    Holding that district courts may only deny leave to amend when there is a substantial reason for doing so

  7. Crenshaw v. Lister

    556 F.3d 1283 (11th Cir. 2009)   Cited 329 times
    Holding use of K9 force during arrest—including 31 dog bites—was reasonable because arrestee was suspected of committing serious crimes, actively fled from police, and police thought he might be armed

  8. Ethan Allen, Inc. v. Georgetown Manor

    647 So. 2d 812 (Fla. 1995)   Cited 296 times   2 Legal Analyses
    Holding that furniture company's relationship with its 89,000 past customers was not one upon which a tortious interference claim could be based because the company's hope that some of its past customers would continue to buy furniture from it was mere "speculation"

  9. McAndrew v. Lockheed Martin Corp.

    206 F.3d 1031 (11th Cir. 2000)   Cited 215 times
    Holding the intracorporate conspiracy doctrine does not apply when the conspiracy is criminal in nature

  10. Dickerson v. Alachua County Com'n

    200 F.3d 761 (11th Cir. 2000)   Cited 182 times
    Holding that a governmental entity's employees, acting as agents of that entity, "are deemed incapable of conspiring among themselves" or with the entity under § 1985

  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 362,607 times   962 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 164,455 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. Section 542.335 - Valid restraints of trade or commerce

    Fla. Stat. § 542.335   Cited 314 times   45 Legal Analyses
    Instructing the court to presume a time restraint of five years or less to be reasonable and a time restraint of greater than ten years to be unreasonable

  14. Section 688.002 - Definitions

    Fla. Stat. § 688.002   Cited 204 times   6 Legal Analyses
    Describing the meaning of trade secret