§Why CasetextPricing

Thomas-Goguette et al v. T-Mobile USA, Inc. et al

MOTION to Dismiss Complaint, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

31 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 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

  3. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 64,333 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  4. Estelle v. Gamble

    429 U.S. 97 (1976)   Cited 56,424 times   8 Legal Analyses
    Holding that the government has an obligation to provide medical care to incarcerated persons

  5. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,158 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"

  6. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,719 times   18 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues

  7. Byrne v. Nezhat

    261 F.3d 1075 (11th Cir. 2001)   Cited 943 times   2 Legal Analyses
    Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case

  8. Mederos v. U.S.

    218 F.3d 1252 (11th Cir. 2000)   Cited 320 times
    Holding that a conviction that is not appealed becomes final when the time allotted for filing an appeal expires

  9. Powell v. Lennon

    914 F.2d 1459 (11th Cir. 1990)   Cited 406 times
    Holding that a prisoner who alleged exposure to asbestos in the dormitory adequately stated an Eighth Amendment claim under Bivens

  10. Davis v. U.S. Dept. of Justice

    204 F.3d 723 (7th Cir. 2000)   Cited 89 times
    Holding that § 1981 did not apply to defendants — federal employees acting under color of federal law — because "by its language § 1981 does not apply to actions taken under color of federal law"

  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 357,835 times   950 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 114,655 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  14. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 100,025 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  15. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,381 times   558 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party

  16. Section 552a - Records maintained on individuals

    5 U.S.C. § 552a   Cited 4,553 times   47 Legal Analyses
    Finding that it is a Department of Justice component that has as its principal function the enforcement of criminal laws includ[ing] correctional authorities

  17. Section 9-3-33 - Injuries to the person; injuries to reputation; loss of consortium; exception

    Ga. Code § 9-3-33   Cited 1,030 times   1 Legal Analyses
    Providing a two-year statute-of-limitations for personal injury claims

  18. Section 1337 - Repealed

    7 U.S.C. § 1337

    7 U.S.C. § 1337 Pub. L. 87-703, title III, §317, Sept. 27, 1962, 76 Stat. 622 Section, act Feb. 16, 1938, ch. 30, title III, §337, 52 Stat. 55, related to adjustment and suspension of quotas. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF REPEALRepeal effective only with respect to programs applicable to crops planted for harvest in calendar year 1964 or any subsequent year and marketing years beginning in calendar year 1964, or any subsequent year, see section 323 of Pub. L. 87-703 set