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Wheeler v. Gables Residential Services Inc
Motion to Dismiss for Failure to State a Claim
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Cited Authorities
Cited Authorities
6
6
Cited authorities
Ashcroft v. Iqbal
556 U.S. 662 (2009)
Cited 266,896 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 279,933 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
Dean v. American Sec. Ins. Co.
559 F.2d 1036 (5th Cir. 1977)
Cited 129 times
Holding that punitive damages are not available under the ADEA
Vaughan v. Anderson Reg'l Med. Ctr.
849 F.3d 588 (5th Cir. 2017)
Cited 30 times
Affirming dismissal of an ADEA claim when the only remedies sought were pain and suffering and punitive damages
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 361,619 times
960 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 163,952 times
197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."