28 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 times   280 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 268,776 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' "
  3. Patterson v. Shumate

    504 U.S. 753 (1992)   Cited 903 times   1 Legal Analyses
    Holding that ERISA’s anti-alienation provision "constitutes an enforceable transfer restriction for purposes of 11 U.S.C. § 541(c) ’s exclusion of property from the bankruptcy estate"

    627 F.3d 1178 (10th Cir. 2010)   Cited 1,632 times
    Holding that a failure to provide adequate treatment in response to a prisoner's self-diagnosed ailments does not amount to a constitutional violation
  5. Dias v. City & County of Denver

    567 F.3d 1169 (10th Cir. 2009)   Cited 655 times
    Holding plaintiffs lacked standing where they did not allege a credible threat of future prosecution
  6. Bixler v. Foster

    596 F.3d 751 (10th Cir. 2010)   Cited 518 times   1 Legal Analyses
    Holding "[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face"
  7. Novella v. Westchester County

    661 F.3d 128 (2d Cir. 2011)   Cited 170 times   5 Legal Analyses
    Holding that limitations period begins to run “when there is enough information available to the pensioner to assure that he knows or reasonably should know of the miscalculation,” and explaining its view that its standard is consistent with the Third Circuit's reasoning in Miller
  8. Held v. Manufacturers Hanover Leasing Corp.

    912 F.2d 1197 (10th Cir. 1990)   Cited 159 times   1 Legal Analyses
    Holding that "an ERISA action for benefits is analogous to a state-law action upon a contract," and applying state-law statute of limitations
  9. State St. Bk. and Tr. Co. v. Denman Tire Corp.

    240 F.3d 83 (1st Cir. 2001)   Cited 106 times
    Holding that a provision that representations “shall expire on the second (2nd) anniversary of the Closing” shortened the period within which a claim could be filed
  10. In re Fruehauf Trailer Corp.

    250 B.R. 168 (D. Del. 2000)   Cited 102 times
    Holding that fraudulent concealment may be stated by alleging a business fiduciary relationship between defendants and plaintiffs, including a duty to disclose, which defendants breached
  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 348,310 times   930 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 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 109,400 times   197 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"
  13. Rule 3 - Commencing an Action

    Fed. R. Civ. P. 3   Cited 2,978 times   5 Legal Analyses
    Stating that once the inmate has filed his motion with the clerk, "[t]he clerk must file the motion and enter it on the criminal docket of the case in which the challenged judgment was entered"
  14. Section 1113 - Limitation of actions

    29 U.S.C. § 1113   Cited 1,046 times   43 Legal Analyses
    Recognizing a six year limitations period in instances of fraud or concealment