25 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,142 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 273,590 times 368 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
Sinaltrainal v. Coca-Cola Co.
578 F.3d 1252 (11th Cir. 2009) Cited 1,179 times 4 Legal Analyses
Holding that a complaint fails to state a claim unless the well-pled factual allegations of the complaint nudge the claims across the line from conceivable to plausible
Watts v. Fla. Int'l
495 F.3d 1289 (11th Cir. 2007) Cited 1,138 times 1 Legal Analyses
Holding that a complaint is sufficient if it identifies facts that are suggestive enough to render the necessary elements plausible
Group v. Findwhat.Com
658 F.3d 1282 (11th Cir. 2011) Cited 726 times 3 Legal Analyses
Holding that “[d]efendants whose fraud prevents preexisting inflation in a stock price from dissipating are just as liable as defendants whose fraud introduces inflation into the stock price in the first instance”
U.S. ex Rel. Clausen v. Laboratory Corp.
290 F.3d 1301 (11th Cir. 2002) Cited 830 times 14 Legal Analyses
Holding Rule 9(b) applies to False Claims Act claims
Financial Sec. v. Stephens, Inc.
500 F.3d 1276 (11th Cir. 2007) Cited 626 times
Holding that it is appropriate to consider a document attached to a motion to dismiss when "a plaintiff refers to a document in its complaint, the document is central to its claim, its contents are not in dispute, and the defendant attaches the document to its motion to dismiss"
Hardaway Co. v. Parsons, Brinckerhoff, Quade & Douglas, Inc.
267 Ga. 424 (Ga. 1997) Cited 100 times
Holding that the plaintiff’s suit was not barred by the statute of limitation because "in a claim for economic injury sustained due to reliance upon false information negligently provided by a defendant, the statute of limitation begins to run when the plaintiff suffers pecuniary loss with certainty, and not as a matter of pure speculation"
Jenkins v. BAC Home Loan Servicing, LP
822 F. Supp. 2d 1369 (M.D. Ga. 2011) Cited 45 times
Finding that mortgage servicers are not debt collectors for purposes of the FDCPA
Ledford v. Smith
274 Ga. App. 714 (Ga. Ct. App. 2005) Cited 38 times
Finding no breach of fiduciary duty where terms of operating agreement "allowed the business activity which occurred"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 160,289 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 113,606 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"
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,551 times 328 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 9-2-20 - Parties to actions on contracts; action by beneficiary
Ga. Code § 9-2-20 Cited 223 times
Stating that as a "general rule," a contract action "shall be brought in the name of the party in whom the legal interest in the contract is vested," or by "[t]he beneficiary of a contract . . . against the promisor on the contract"

Ttcp Energy Finance Fund Ii, Llc v. Ralls Corporation 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 complaint fails to state a claim unless the well-pled factual allegations of the complaint nudge the claims across the line from conceivable to plausible

Holding that a complaint is sufficient if it identifies facts that are suggestive enough to render the necessary elements plausible

Holding that “[d]efendants whose fraud prevents preexisting inflation in a stock price from dissipating are just as liable as defendants whose fraud introduces inflation into the stock price in the first instance”

Holding Rule 9(b) applies to False Claims Act claims

Holding that it is appropriate to consider a document attached to a motion to dismiss when "a plaintiff refers to a document in its complaint, the document is central to its claim, its contents are not in dispute, and the defendant attaches the document to its motion to dismiss"

Finding that mortgage servicers are not debt collectors for purposes of the FDCPA

Finding no breach of fiduciary duty where terms of operating agreement "allowed the business activity which occurred"

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

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

Requiring that fraud be pleaded with particularity

Stating that as a "general rule," a contract action "shall be brought in the name of the party in whom the legal interest in the contract is vested," or by "[t]he beneficiary of a contract . . . against the promisor on the contract"