Taylor v. Books a Million, Inc.
296 F.3d 376 (5th Cir. 2002) Cited 1,913 times 1 Legal AnalysesHolding plaintiffs in Title VII cases "must exhaust administrative remedies before pursuing claims in federal court"
Funk v. Stryker Corp.
631 F.3d 777 (5th Cir. 2011) Cited 898 times 1 Legal AnalysesHolding court lacked jurisdiction to consider district court's denial of plaintiff's postjudgment motions because he did not file an amended, or separate, notice of appeal
Rosenzweig v. Azurix Corp.
332 F.3d 854 (5th Cir. 2003) Cited 1,031 times 3 Legal AnalysesHolding that district court did not abuse discretion in denying motion to amend complaint where "plaintiffs did not attach a proposed amended complaint," leaving district court to "speculate" about how additional facts might amount to a legal claim
U.S. ex Rel. Grubbs v. Kanneganti
565 F.3d 180 (5th Cir. 2009) Cited 814 times 11 Legal AnalysesHolding that defendants received adequate notice in a False Claims Act case where the complaint alleged a scheme to submit false claims and enough details that the defendants—who "will be in possession of the most relevant records, such as patients’ charts, doctors’ notes, and internal billing records"—could adequately investigate and defend the claims
Lovelace v. Software Spectrum Inc.
78 F.3d 1015 (5th Cir. 1996) Cited 1,139 timesHolding that courts may take judicial notice of public disclosure documents in securities fraud causes, but "only for the purpose of determining what statements the documents contain, not to prove the truth of the documents’ contents"
Flaherty & Crumrine Preferred Income Fund, Inc. v. TXU Corp.
565 F.3d 200 (5th Cir. 2009) Cited 312 times 9 Legal AnalysesHolding that alleged motive to increase the value of personal stock holdings by withholding information to induce investor participation in a tender offer was insufficient
Yumilicious Franchise, L.L.C. v. Barrie
819 F.3d 170 (5th Cir. 2016) Cited 227 timesHolding that the district court did not abuse its discretion when the movant "did not include its proposed amendment" or "make an argument as to why leave to amend was appropriate"
Nathenson v. Zonagen Inc.
267 F.3d 400 (5th Cir. 2001) Cited 324 timesHolding that "the necessary strong inference of scienter" was pleaded as to the president, chief executive officer, and director defendant, in part, because of his heavy involvement in the day-to-day operations of a small company
Truitt v. Unum Life Ins. Co.
729 F.3d 497 (5th Cir. 2013) Cited 69 times 3 Legal AnalysesHolding that record contained "concrete evidence" supporting denial of plaintiff's ERISA disability claim, including e-mails showing "that [plaintiff's] travel schedule was rigorous" and surveillance video showing plaintiff "walking, driving, and bending down, and lifting and carrying boxes, bags, coolers, pumpkins, and a dog"
In re Enron Corporation Securities
761 F. Supp. 2d 504 (S.D. Tex. 2011) Cited 64 timesHolding that a complaint cannot be amended by briefs in opposition to a motion to dismiss
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 AnalysesGranting 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 164,067 times 197 Legal AnalysesHolding 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 40,154 times 335 Legal AnalysesRequiring that fraud be pleaded with particularity
Rule 27 - Depositions to Perpetuate Testimony
Fed. R. Civ. P. 27 Cited 674 times 12 Legal AnalysesProviding a procedure for preserving testimony before the bringing of a federal cause of action