45 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,142 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 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
Papasan v. Allain
478 U.S. 265 (1986) Cited 17,092 times 6 Legal Analyses
Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,952 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Davis v. Coca-Cola Bottling
516 F.3d 955 (11th Cir. 2008) Cited 962 times 2 Legal Analyses
Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine
Davila v. Delta Air Lines, Inc.
326 F.3d 1183 (11th Cir. 2003) Cited 869 times 1 Legal Analyses
Holding that conclusory allegations, unwarranted factual deduction, or legal conclusions masquerading as facts will not prevent dismissal
Ziemba v. Cascade Intern., Inc.
256 F.3d 1194 (11th Cir. 2001) Cited 759 times 2 Legal Analyses
Holding that Rule 9(b) satisfied if "complaint sets forth precisely what statements were made in what documents or oral representations or what omissions were made, and the time and place of each statement and the person responsible for making it, . . . the content of such statements and the manner in which they misled plaintiffs, and what defendants obtained as a consequence of the fraud"
Strat. Income Fund v. Spear, Leeds Kellogg
305 F.3d 1293 (11th Cir. 2002) Cited 709 times 1 Legal Analyses
Deciding that the third amended complaint, which contained 127 paragraphs, all incorporated by reference into nine separate counts created an "onerous task" for the trial court to sift through
Magluta v. Samples
256 F.3d 1282 (11th Cir. 2001) Cited 536 times
Holding that a complaint was a shotgun complaint when, among other issues, the complaint was 58-pages long and contained at least 146 numbered paragraphs
Custom Mfg. v. Midway
508 F.3d 641 (11th Cir. 2007) Cited 208 times
Holding that Florida unfair competition and trademark infringement use the same likelihood of confusion analysis as the federal Lanham Act test
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 354,229 times 943 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 160,289 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 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,551 times 328 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,533 times 324 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"
Section 501.204 - Unlawful acts and practices
Fla. Stat. § 501.204 Cited 713 times 10 Legal Analyses
Prohibiting "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce"
Section 726.105 - Transfers fraudulent as to present and future creditors
Fla. Stat. § 726.105 Cited 446 times 11 Legal Analyses
Providing for avoidance where the debtor does not "receiv[e] a reasonably equivalent value in exchange for the transfer or obligation"
Section 726.102 - Definitions
Fla. Stat. § 726.102 Cited 112 times 3 Legal Analyses
In Section 726.102, Florida Statutes, FUFTA defines asset as "property of a debtor" but excludes from the definition "[p]roperty to the extent it is encumbered by a valid lien."

SunGard Public Sector, Inc. v. Innoprise Software, Inc.

45 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine

Holding that conclusory allegations, unwarranted factual deduction, or legal conclusions masquerading as facts will not prevent dismissal

Deciding that the third amended complaint, which contained 127 paragraphs, all incorporated by reference into nine separate counts created an "onerous task" for the trial court to sift through

Holding that a complaint was a shotgun complaint when, among other issues, the complaint was 58-pages long and contained at least 146 numbered paragraphs

Holding that Florida unfair competition and trademark infringement use the same likelihood of confusion analysis as the federal Lanham Act test

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. . . ."

Requiring that fraud be pleaded with particularity

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

Prohibiting "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce"

Providing for avoidance where the debtor does not "receiv[e] a reasonably equivalent value in exchange for the transfer or obligation"

In Section 726.102, Florida Statutes, FUFTA defines asset as "property of a debtor" but excludes from the definition "[p]roperty to the extent it is encumbered by a valid lien."