25 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
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,584 times 105 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Hall v. Bellmon
935 F.2d 1106 (10th Cir. 1991) Cited 17,655 times
Holding for pro se litigants that "conclusory allegations without supporting factual averments are insufficient to state a claim on which relief can be based"
Red Hawk v. Schneider
493 F.3d 1174 (10th Cir. 2007) Cited 2,808 times 1 Legal Analyses
Holding that an allegation that the arbitration panel improperly overruled objections as to venue "because the fact that an arbitration award was held in an improper venue does not call into question the merits of the award."
Alvarado v. KOB-TV, L.L.C.
493 F.3d 1210 (10th Cir. 2007) Cited 1,380 times
Holding that converting Rule 12(b) motion to motion for summary judgment should only be done after the parties have had a reasonable opportunity to present material made pertinent to such a motion
Jacobsen v. Deseret Book Co.
287 F.3d 936 (10th Cir. 2002) Cited 1,330 times
Holding a court may consider documents external to the complaint in a Rule 12(b) motion if they "are central to the plaintiff's claim and the parties do not dispute the documents' authenticity"
Ruiz v. McDonnell
299 F.3d 1173 (10th Cir. 2002) Cited 1,059 times 1 Legal Analyses
Holding that plaintiffs could not state a claim based on a state actor's issuance of a license to a daycare center where the harm occurred because the issuance of the license is not "conduct that imposes an immediate threat of harm, which by its nature has a limited range and duration"
Miller v. Glanz
948 F.2d 1562 (10th Cir. 1991) Cited 1,209 times
Holding allegations sufficient to state an Eighth Amendment claim where officers kicked, beat, and choked a prisoner who was handcuffed behind his back and whose ankles were also restrained
Volvo Construction Equipment North America, Inc. v. CLM Equipment Co.
386 F.3d 581 (4th Cir. 2004) Cited 608 times
Holding that for a district court to exercise jurisdiction over a declaratory judgment action, the complaint must allege "an `actual controversy' between the parties `of sufficient immediacy and reality to warrant issuance of a declaratory judgment'" (quoting 28 U.S.C. § 2201)
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 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 95,100 times 92 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 2605 - Servicing of mortgage loans and administration of escrow accounts
12 U.S.C. § 2605 Cited 3,795 times 25 Legal Analyses
Describing "qualified written request"
Section 1692f - Unfair practices
15 U.S.C. § 1692f Cited 3,481 times 39 Legal Analyses
Prohibiting a debt collector from "collecti[ng] . . . any amount" not "expressly authorized by . . . agreement . . . or permitted by law"
Section 1691a - Definitions; rules of construction
15 U.S.C. § 1691a Cited 313 times 17 Legal Analyses
Defining an “applicant” entitled to protection under the Act without reference to the truth of the information supporting her application for credit

Toone et al v. Wells Fargo Bank NA et al

25 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 that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

Holding for pro se litigants that "conclusory allegations without supporting factual averments are insufficient to state a claim on which relief can be based"

Holding that an allegation that the arbitration panel improperly overruled objections as to venue "because the fact that an arbitration award was held in an improper venue does not call into question the merits of the award."

Holding that converting Rule 12(b) motion to motion for summary judgment should only be done after the parties have had a reasonable opportunity to present material made pertinent to such a motion

Holding a court may consider documents external to the complaint in a Rule 12(b) motion if they "are central to the plaintiff's claim and the parties do not dispute the documents' authenticity"

Holding that plaintiffs could not state a claim based on a state actor's issuance of a license to a daycare center where the harm occurred because the issuance of the license is not "conduct that imposes an immediate threat of harm, which by its nature has a limited range and duration"

Holding allegations sufficient to state an Eighth Amendment claim where officers kicked, beat, and choked a prisoner who was handcuffed behind his back and whose ankles were also restrained

Holding that for a district court to exercise jurisdiction over a declaratory judgment action, the complaint must allege "an `actual controversy' between the parties `of sufficient immediacy and reality to warrant issuance of a declaratory judgment'" (quoting 28 U.S.C. § 2201)

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Describing "qualified written request"

Prohibiting a debt collector from "collecti[ng] . . . any amount" not "expressly authorized by . . . agreement . . . or permitted by law"

Defining an “applicant” entitled to protection under the Act without reference to the truth of the information supporting her application for credit