43 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 264,376 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 277,581 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. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 7,267 times   1 Legal Analyses
    Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"
  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,203 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"
  5. Touche Ross Co. v. Redington

    442 U.S. 560 (1979)   Cited 1,742 times   1 Legal Analyses
    Holding that the "central inquiry remains whether Congress intended to create, whether expressly or by implication, a private cause of action."
  6. Hindes v. Federal Deposit Ins. Corp.

    137 F.3d 148 (3d Cir. 1998)   Cited 396 times
    Holding that FDIC's letter to a bank warning it of a violation that may result in closure was not a final action in part because the letter did not close the bank—the state, relying on the letter, did
  7. Golden Pacific Bancorp. v. F.D.I.C

    375 F.3d 196 (2d Cir. 2004)   Cited 215 times
    Holding that the FDIC, like other creditors and depositors of the failed bank, was entitled to post-insolvency interest
  8. Franklin Savings Corporation v. U.S.

    180 F.3d 1124 (10th Cir. 1999)   Cited 226 times
    Holding that Franklin's negligence and breach of fiduciary duty claims against the RTC and the FDIC were barred by the discretionary function exception to the Federal Tort Claims Act
  9. Oakwood v. State

    539 F.3d 373 (6th Cir. 2008)   Cited 168 times
    Holding that Ambase is inapposite
  10. Chambers v. U.S. Dept. of Interior

    568 F.3d 998 (D.C. Cir. 2009)   Cited 146 times
    Holding that "[i]n a suit seeking agency documents—whether under the Privacy Act or FOIA—'at the summary judgment stage . . . the court may rely on a reasonably detailed affidavit'"
  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 358,800 times   954 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1821 - Insurance Funds

    12 U.S.C. § 1821   Cited 2,959 times   56 Legal Analyses
    Granting FDIC standing to bring civil actions for money damages against the Bank's directors as the successor
  13. Section 1823 - Corporation monies

    12 U.S.C. § 1823   Cited 1,307 times   11 Legal Analyses
    Extending to agreements that “tend to diminish or defeat the interest of the [FDIC] in any asset acquired by it ... as a receiver,” and demanding a writing executed “contemporaneously with the acquisition of the asset”
  14. Section 91 - Transfers by bank and other acts in contemplation of insolvency

    12 U.S.C. § 91   Cited 163 times
    Prohibiting transfers "made after the commission of an act of insolvency, or in contemplation thereof, made with a view to prevent the application of its assets in the manner prescribed by this chapter, or with a view to the preference of one creditor to another"
  15. Section 194 - Dividends on adjusted claims; distribution of assets

    12 U.S.C. § 194   Cited 113 times
    Providing that the FDIC "shall make a ratable dividend . . . on all such claims as may have been proved to [its] satisfaction or adjudicated in a court of competent jurisdiction"