Ashcroft v. Iqbal

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

Bell Atl. Corp. v. Twombly

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

Lujan v. Defs. of Wildlife

Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Pinter v. Dahl

Holding that only a statutory "seller" may be liable under § 12 of Securities Act

Norris v. Hearst Trust

Holding plaintiffs lacked standing because they were "neither consumers nor competitors in the market attempted to be constrained"

Tuchman v. DSC Commc'ns Corp.

Holding that motive to inflate stock price and value of defendants investments was insufficient to establish scienter under Rule 9(b)

IHS Cedars Treatment Center of DeSoto, Texas, Inc. v. Mason

Holding the act of discharging a patient merely created the condition for that patient to get into a car accident and, therefore, was not the proximate cause as a matter of law

Ernst Young v. Pacific Mutual Life Insurance

Holding that aiding and abetting liability could not attach where there was no principal offense

Herrmann Holdings Ltd. v. Lucent Technologies

Holding that a claim under Article 581-33A for an un-true promise of future performance requires proof that the defendant had no intention of performing the promise at the time it was made

Warfield v. Byron

Holding that referral services for a Ponzi scheme provided no value to the scheme as a matter of law

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

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

Requiring that fraud be pleaded with particularity

Rule 19 - Required Joinder of Parties

Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

Section 24.005 - Transfers Fraudulent As to Present and Future Creditors

Requiring a transferor to act with “actual intent to . . . defraud,” but saying nothing about the transferee's state of mind

Section 24.006 - Transfers Fraudulent As to Present Creditors

Section 24.008 - Remedies of Creditors

Allowing a prevailing claimant to avoid the challenged transfer or attach the asset transferred or property of the transferee

Section 24.009 - Defenses, Liability, and Protection of Transferee

Providing that creditors may recover "the value of the asset transferred," which "must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require"

Section 24.010 - Extinguishment of Cause of Action

Providing a four-year look back period for actual and constructively fraudulent transfers