36 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,360 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,336 times 364 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Hishon v. King Spalding
467 U.S. 69 (1984) Cited 12,417 times 7 Legal Analyses
Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job
Brooks v. Blue Cross & Blue Shield of Florida, Inc.
116 F.3d 1364 (11th Cir. 1997) Cited 1,903 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"
Horsley v. Feldt
304 F.3d 1125 (11th Cir. 2002) Cited 1,238 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"
Vega v. T-Mobile USA, Inc.
564 F.3d 1256 (11th Cir. 2009) Cited 788 times 24 Legal Analyses
Holding that to prove the existence of a contract, a plaintiff must plead, among other things, "sufficient specification of the essential terms."
Bryant v. Dupree
252 F.3d 1161 (11th Cir. 2001) Cited 971 times
Holding that a district court need not allow an amendment where there has been a repeated failure to cure deficiencies by amendments previously allowed
Maxcess, Inc. v. Lucent Technologies, Inc.
433 F.3d 1337 (11th Cir. 2005) Cited 400 times
Holding that such extrinsic evidence can be considered at the motion to dismiss stage if the above factors are met and even if it is not mentioned in or attached to the complaint
Wright v. Newsome
795 F.2d 964 (11th Cir. 1986) Cited 555 times
Holding that action taken in retaliation for inmate's filing of administrative grievance violates inmate's First Amendment rights
McCabe v. Foley
233 F.R.D. 683 (M.D. Fla. 2006) Cited 208 times
Granting stay of discovery after dispositive motion was fully briefed
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 344,399 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 735 ILCS 5/2-606 - Exhibits
735 ILCS 5/2-606 Cited 193 times
Requiring attachment or recitation of written instrument if that document is the foundation of a claim

Smith v. IS3, Inc.

36 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

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 to prove the existence of a contract, a plaintiff must plead, among other things, "sufficient specification of the essential terms."

Holding that a district court need not allow an amendment where there has been a repeated failure to cure deficiencies by amendments previously allowed

Holding that such extrinsic evidence can be considered at the motion to dismiss stage if the above factors are met and even if it is not mentioned in or attached to the complaint

Holding that action taken in retaliation for inmate's filing of administrative grievance violates inmate's First Amendment rights

Granting stay of discovery after dispositive motion was fully briefed

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

Requiring attachment or recitation of written instrument if that document is the foundation of a claim