8 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. Doe v. Myspace

    528 F.3d 413 (5th Cir. 2008)   Cited 795 times   5 Legal Analyses
    Holding that CDA bars claims for negligence and gross negligence in not preventing a 13 year old girl from lying about her age to create a personal profile that led to contact by a sexual predator
  4. McZeal v. Sprint Nextel Corp.

    501 F.3d 1354 (Fed. Cir. 2007)   Cited 412 times   12 Legal Analyses
    Holding that a direct infringement claim made in accordance with Form 16 (now Form 18) of the Federal Rules of Civil Procedure meets the Twombly pleading standard
  5. Colida v. Nokia

    347 F. App'x 568 (Fed. Cir. 2009)   Cited 37 times
    Finding district court properly granted Nokia's motion to dismiss where Colida's infringement claims were facially implausible and provided the district court with no basis upon which to reasonably infer the ordinary observer would confuse plaintiff's patent design with Nokia's phone where the dissimilarities between the two far exceed the similarities
  6. 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
  7. 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. . . ."
  8. Rule 84 - Abrogated (Apr. 29, 2015, eff. Dec. 1, 2015).

    Fed. R. Civ. P. 84   Cited 1,037 times   7 Legal Analyses
    Explaining that the appended forms "are sufficient under the rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate"