17 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,709 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 266,625 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' "
Sinaltrainal v. Coca-Cola Co.
578 F.3d 1252 (11th Cir. 2009) Cited 1,154 times 4 Legal Analyses
Holding that a complaint fails to state a claim unless the well-pled factual allegations of the complaint nudge the claims across the line from conceivable to plausible
Snow v. Directv, Inc.
450 F.3d 1314 (11th Cir. 2006) Cited 699 times
Holding that the plaintiff's "vague and conclusory allegations" presented in his complaint were insufficient to establish a prima facie case of personal jurisdiction over a defendant
Simpson v. Sanderson Farms, Inc.
744 F.3d 702 (11th Cir. 2014) Cited 124 times 1 Legal Analyses
Affirming the dismissal of a complaint for failure to establish essential elements of the asserted cause of action
Penalty Kick Management Ltd. v. Coca Cola Co.
318 F.3d 1284 (11th Cir. 2003) Cited 118 times 2 Legal Analyses
Holding no adverse inference from missing label because there was no indication of bad faith
Diamond Power Intern., Inc. v. Davidson
540 F. Supp. 2d 1322 (N.D. Ga. 2007) Cited 81 times 8 Legal Analyses
Finding significant plaintiff’s failure to prevent its employees from transferring a file allegedly constituting a trade secret to their personal computers
Austin v. Clark
294 Ga. 773 (Ga. 2014) Cited 60 times
Reversing dismissal of complaint that was based on official immunity grounds, because "discovery ... has been extremely limited" and because "it cannot be said that the allegations of the complaint disclose with certainty that [the plaintiff] would not be entitled to relief under any state of provable facts asserted in support"; positing that "there conceivably could be evidence of some explicit detailed laundry list of discrete tasks each individual defendant was required to perform"; instructing that "[a]t this stage in the litigation, it does not matter that the existence of such a laundry list is unlikely"; and that it "does not matter that [the plaintiff] has pointed to no specific and clear procedures or methods for dealing with the purported hazard" because "[t]his is factual evidence which may or may not be developed during discovery and can be considered on a subsequent motion for summary judgment"
Estate of Crook v. Foster
333 Ga. App. 36 (Ga. Ct. App. 2015) Cited 22 times
Reversing trial court's grant of summary judgment on unjust enrichment claim where plaintiff claimed defendant coerced her into putting defendant's name on deed
Robbins v. Supermarket Equipment Sales, LLC
290 Ga. 462 (Ga. 2012) Cited 23 times 4 Legal Analyses
Finding UTSA supersedes every "lesser and alternate theory" based on the taking of valuable information
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 345,885 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 13-6-11 - Recovery of expenses of litigation generally
Ga. Code § 13-6-11 Cited 1,656 times 4 Legal Analyses
Permitting recovery of attorney's fees against a party that “has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense”
Section 10-1-761 - Definitions
Ga. Code § 10-1-761 Cited 120 times 6 Legal Analyses
Defining trade secrets

Synalloy Corporation et al v. Phoenix Chemical Company, Inc. et al

17 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 that a complaint fails to state a claim unless the well-pled factual allegations of the complaint nudge the claims across the line from conceivable to plausible

Holding that the plaintiff's "vague and conclusory allegations" presented in his complaint were insufficient to establish a prima facie case of personal jurisdiction over a defendant

Affirming the dismissal of a complaint for failure to establish essential elements of the asserted cause of action

Holding no adverse inference from missing label because there was no indication of bad faith

Finding significant plaintiff’s failure to prevent its employees from transferring a file allegedly constituting a trade secret to their personal computers

Reversing trial court's grant of summary judgment on unjust enrichment claim where plaintiff claimed defendant coerced her into putting defendant's name on deed

Finding UTSA supersedes every "lesser and alternate theory" based on the taking of valuable information

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

Permitting recovery of attorney's fees against a party that “has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense”

Defining trade secrets