12 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,813 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 280,791 times 369 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
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 17,380 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Scheuer v. Rhodes
416 U.S. 232 (1974) Cited 22,728 times 3 Legal Analyses
Holding that executive branch officers had qualified immunity
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,382 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"
Directv, Inc. v. Tyreesh
487 F.3d 471 (6th Cir. 2007) Cited 2,430 times
Holding that Kentucky's taxing scheme designed to attract certain kinds of business did not violate the dormant Commerce Clause
Inge v. Rock Financial Corp.
281 F.3d 613 (6th Cir. 2002) Cited 1,299 times
Holding that the defendant would not suffer prejudice when the plaintiff sought to refine existing claims rather than add brand-new claims
Barany-Snyder v. Weiner
539 F.3d 327 (6th Cir. 2008) Cited 444 times
Affirming district court's decision not to address issue raised for the first time in a reply brief
Chesbrough v. Vpa
655 F.3d 461 (6th Cir. 2011) Cited 266 times 11 Legal Analyses
Holding that "Medicare does not require compliance with an industry standard as a prerequisite to payment"
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 362,607 times 962 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 164,455 times 197 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 40,207 times 337 Legal Analyses
Requiring that fraud be pleaded with particularity

Tennessee Bank & Trust v. Lowery et al

12 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 with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding that executive branch officers had qualified immunity

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 Kentucky's taxing scheme designed to attract certain kinds of business did not violate the dormant Commerce Clause

Holding that the defendant would not suffer prejudice when the plaintiff sought to refine existing claims rather than add brand-new claims

Affirming district court's decision not to address issue raised for the first time in a reply brief

Holding that "Medicare does not require compliance with an industry standard as a prerequisite to payment"

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