21 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,756 times 364 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' "
Texas v. United States
523 U.S. 296 (1998) Cited 1,468 times 3 Legal Analyses
Holding that a claim that "rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all" is not ripe for adjudication
Davis v. Coca-Cola Bottling
516 F.3d 955 (11th Cir. 2008) Cited 943 times 2 Legal Analyses
Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine
Anderson v. District Board of Trustees of Central Florida Community College
77 F.3d 364 (11th Cir. 1996) Cited 893 times
Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count
Strat. Income Fund v. Spear, Leeds Kellogg
305 F.3d 1293 (11th Cir. 2002) Cited 694 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
Tello v. Dean Witter Reynolds, Inc.
410 F.3d 1275 (11th Cir. 2005) Cited 221 times
Holding that Section 804 is not silent as to its retroactive effect, but does not apply to revive previously time-barred claims if the plaintiff had inquiry notice prior to the enactment of Sarbanes-Oxley
Evans v. McClain of Ga., Inc.
131 F.3d 957 (11th Cir. 1997) Cited 254 times
Holding that stray remarks made by a non-decision maker is not sufficient for showing discriminatory intent
National Advertising Co. v. City of Miami
402 F.3d 1335 (11th Cir. 2005) Cited 86 times
Holding the case unripe absent further factual development through an available administrative procedure
Giampapa v. American Family Mut. Ins. Co.
64 P.3d 230 (Colo. 2003) Cited 67 times
Finding appellant waived a damages cap issue in part because the appellant did not raise the issue in its previous appeal
Carroll Fulmer Logistics Corp. v. Hines
309 Ga. App. 695 (Ga. Ct. App. 2011) Cited 32 times
In Carroll Fulmer, the plaintiffs brought a wrongful-death action in Georgia for a tort that occurred in Florida. Under Georgia's choice-of-law rules, Florida substantive law applied.
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 344,855 times 920 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 155,692 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 19,401 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
Section 4-9-625 - Remedies for secured party's failure to comply with article
Colo. Rev. Stat. § 4-9-625 Cited 1 times
(a) If it is established that a secured party is not proceeding in accordance with this article, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions. (b) Subject to subsections (c), (d), and (f) of this section, a person is liable for damages in the amount of any loss caused by a failure to comply with this article. Loss caused by a failure to comply may include loss resulting from the debtor's inability to obtain, or increased costs

Tatonka Capital Corporation v. Mosaica Education, Inc. et al

21 Cited authorities

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 claim that "rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all" is not ripe for adjudication

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

Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count

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 Section 804 is not silent as to its retroactive effect, but does not apply to revive previously time-barred claims if the plaintiff had inquiry notice prior to the enactment of Sarbanes-Oxley

Holding that stray remarks made by a non-decision maker is not sufficient for showing discriminatory intent

Holding the case unripe absent further factual development through an available administrative procedure

Finding appellant waived a damages cap issue in part because the appellant did not raise the issue in its previous appeal

In Carroll Fulmer, the plaintiffs brought a wrongful-death action in Georgia for a tort that occurred in Florida. Under Georgia's choice-of-law rules, Florida substantive law applied.

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. . . ."

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion