19 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 257,305 times 280 Legal Analyses
Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 270,937 times 367 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' "
Tilton v. Marshall
925 S.W.2d 672 (Tex. 1996) Cited 499 times 1 Legal Analyses
Holding that plaintiff's conspiracy to commit fraud claim was derivative of his fraud claim
Tri v. J.T.T
162 S.W.3d 552 (Tex. 2005) Cited 344 times
Holding in a premises liability case that "[i]ndividual liability arises only when the officer or agent owes an independent duty of reasonable care to the injured party apart from the employer's duty."
Massey v. Armco Steel Co.
652 S.W.2d 932 (Tex. 1983) Cited 502 times
Holding that plaintiff did not state a cause of action for civil conspiracy where none of the overt acts alleged were unlawful
United Mobile Networks, L.P. v. Deaton
939 S.W.2d 146 (Tex. 1997) Cited 147 times
Holding that actual, as opposed to special, damages arising from a conversion consist of the fair market value of the property converted
Mitchell v. E-Z Way Towers, Inc.
269 F.2d 126 (5th Cir. 1959) Cited 350 times
Holding that Rule 12(e) is not to be used as a substitute for discovery
Cates v. International Tel. and Tel. Corp.
756 F.2d 1161 (5th Cir. 1985) Cited 96 times
Holding that "any claims for damages which [plaintiff] suffered by reason of diminution in value of his partnership interest . . . are in effect subsumed within the causes of action of the partnerships and do not afford [him] a separate, individual cause of action"
Travelers Indemnity Co. v. Presbyterian Healthcare Resources
313 F. Supp. 2d 648 (N.D. Tex. 2004) Cited 36 times
Denying a Rule 12(e) motion because the counterclaim to which the motion was directed was sufficient under Rule 8
Sisk v. Texas Parks & Wildlife Department
644 F.2d 1056 (5th Cir. 1981) Cited 58 times
Reversing dismissal for failure to state a claim and noting that "[i]f a complaint is ambiguous or does not contain sufficient information to allow a responsive pleading to be framed, the proper remedy is a motion for a more definite statement under Rule 12(e)" rather than dismissal
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 351,086 times 937 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 158,801 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,480 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,420 times 322 Legal Analyses
Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,276 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Section 1114 - Remedies; infringement; innocent infringement by printers and publishers
15 U.S.C. § 1114 Cited 7,985 times 90 Legal Analyses
Holding liable "Any person who shall, without the consent of the registrant — use in commerce any reproduction . . . of a registered mark . . . in connection with which such use is likely to cause confusion."
Section 16.103 - Injury to Business Reputation; Dilution
Tex. Bus. & Com. Code § 16.103 Cited 68 times
Providing remedies to owners of marks that are "famous and distinctive"

Springboards to Education Inc v. Kipp Foundation

19 Cited authorities

Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"

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 that plaintiff's conspiracy to commit fraud claim was derivative of his fraud claim

Holding in a premises liability case that "[i]ndividual liability arises only when the officer or agent owes an independent duty of reasonable care to the injured party apart from the employer's duty."

Holding that plaintiff did not state a cause of action for civil conspiracy where none of the overt acts alleged were unlawful

Holding that actual, as opposed to special, damages arising from a conversion consist of the fair market value of the property converted

Holding that Rule 12(e) is not to be used as a substitute for discovery

Holding that "any claims for damages which [plaintiff] suffered by reason of diminution in value of his partnership interest . . . are in effect subsumed within the causes of action of the partnerships and do not afford [him] a separate, individual cause of action"

Denying a Rule 12(e) motion because the counterclaim to which the motion was directed was sufficient under Rule 8

Reversing dismissal for failure to state a claim and noting that "[i]f a complaint is ambiguous or does not contain sufficient information to allow a responsive pleading to be framed, the proper remedy is a motion for a more definite statement under Rule 12(e)" rather than dismissal

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. . . ."

Allowing service by filing papers with the court's electronic-filing system

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Holding liable "Any person who shall, without the consent of the registrant — use in commerce any reproduction . . . of a registered mark . . . in connection with which such use is likely to cause confusion."

Providing remedies to owners of marks that are "famous and distinctive"