19 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
Warth v. Seldin
422 U.S. 490 (1975) Cited 12,269 times 15 Legal Analyses
Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 17,511 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
Johnson v. Riverside Healthcare
534 F.3d 1116 (9th Cir. 2008) Cited 1,481 times 3 Legal Analyses
Holding that this court may affirm on the basis of any ground fairly supported by the record
Grossman v. Nationsbank
225 F.3d 1228 (11th Cir. 2000) Cited 794 times
Stating that when considering a motion to dismiss the court limits its consideration to the pleadings and exhibits attached thereto
Aktieselskabet AF 21. November 2001 v. Fame Jeans Inc.
525 F.3d 8 (D.C. Cir. 2008) Cited 400 times 1 Legal Analyses
Holding that, in a cancellation proceeding, "an intent-to-use applicant prevails over any opposer who began using a similar mark after the intent-to-use filing date"
U.S. v. Baxter Intern., Inc.
345 F.3d 866 (11th Cir. 2003) Cited 396 times
Holding that, under MSP, " any payment that Medicare does make is secondary and is subject to reimbursement from sources of primary coverage under the statute," regardless of whether those sources can be expected to pay promptly
J.B. v. Sacred Heart Hosp. of Pensacola
635 So. 2d 945 (Fla. 1994) Cited 66 times
Finding that medical-malpractice statute of limitations was not applicable because plaintiff did not allege negligence in "the rendering of . . . medical care or services" where defendant hospital asked patient's brother (the plaintiff) to transport patient to another hospital without notifying the brother that patient had AIDS
Liles v. P.I.A. Medfield, Inc.
681 So. 2d 711 (Fla. Dist. Ct. App. 1995) Cited 21 times
Holding “not every wrongful act by a health care provider amounts to medical malpractice”
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 507,464 times 709 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
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 362,607 times 962 Legal Analyses
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
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. . . ."
Section 766.106 - Notice before filing action for medical negligence; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review
Fla. Stat. § 766.106 Cited 378 times 4 Legal Analyses
Providing that "prior to filing a complaint for medical negligence, a claimant shall notify each prospective defendant"
Section 772.103 - Prohibited activities
Fla. Stat. § 772.103 Cited 150 times
Prohibiting an individual from using or investing proceeds from a criminal activity to establish an enterprise, acquiring interest in an enterprise through criminal activity, conducting an enterprise through criminal activity, or conspiring to do any of the preceding
Section 772.104 - Civil cause of action
Fla. Stat. § 772.104 Cited 126 times
Providing a civil cause of action for violations of Florida's Criminal Practices Act

United States of America et al v. Universal Health Services, Inc. et al

19 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 Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

Holding that a district court need not permit a curative amendment if such amendment would be futile

Holding that this court may affirm on the basis of any ground fairly supported by the record

Stating that when considering a motion to dismiss the court limits its consideration to the pleadings and exhibits attached thereto

Holding that, in a cancellation proceeding, "an intent-to-use applicant prevails over any opposer who began using a similar mark after the intent-to-use filing date"

Holding that, under MSP, " any payment that Medicare does make is secondary and is subject to reimbursement from sources of primary coverage under the statute," regardless of whether those sources can be expected to pay promptly

Holding “not every wrongful act by a health care provider amounts to medical malpractice”

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

Providing that "prior to filing a complaint for medical negligence, a claimant shall notify each prospective defendant"

Prohibiting an individual from using or investing proceeds from a criminal activity to establish an enterprise, acquiring interest in an enterprise through criminal activity, conducting an enterprise through criminal activity, or conspiring to do any of the preceding

Providing a civil cause of action for violations of Florida's Criminal Practices Act