19 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,484 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
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,331 times   365 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' "
  3. Tilton v. Marshall

    925 S.W.2d 672 (Tex. 1996)   Cited 496 times   1 Legal Analyses
    Holding that plaintiff's conspiracy to commit fraud claim was derivative of his fraud claim
  4. Tri v. J.T.T

    162 S.W.3d 552 (Tex. 2005)   Cited 340 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."
  5. Massey v. Armco Steel Co.

    652 S.W.2d 932 (Tex. 1983)   Cited 500 times
    Holding that plaintiff did not state a cause of action for civil conspiracy where none of the overt acts alleged were unlawful
  6. United Mobile Networks, L.P. v. Deaton

    939 S.W.2d 146 (Tex. 1997)   Cited 144 times
    Holding that actual, as opposed to special, damages arising from a conversion consist of the fair market value of the property converted
  7. Mitchell v. E-Z Way Towers, Inc.

    269 F.2d 126 (5th Cir. 1959)   Cited 346 times
    Holding that Rule 12(e) is not to be used as a substitute for discovery
  8. Cates v. International Tel. and Tel. Corp.

    756 F.2d 1161 (5th Cir. 1985)   Cited 94 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"
  9. 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
  10. 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
  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 346,675 times   923 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 156,633 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,113 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system
  14. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,302 times   320 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"
  15. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,065 times   48 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"
  16. Section 1114 - Remedies; infringement; innocent infringement by printers and publishers

    15 U.S.C. § 1114   Cited 7,919 times   88 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."
  17. Section 16.103 - Injury to Business Reputation; Dilution

    Tex. Bus. & Com. Code § 16.103   Cited 66 times
    Providing remedies to owners of marks that are "famous and distinctive"