53 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 195,191 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 209,562 times   342 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  3. In re Katrina Canal

    495 F.3d 191 (5th Cir. 2007)   Cited 3,333 times   6 Legal Analyses
    Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees
  4. Fernandez-Montes v. Allied Pilots Ass'n

    987 F.2d 278 (5th Cir. 1993)   Cited 1,096 times   1 Legal Analyses
    Holding that "conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss."
  5. In re Firstmerit Bank

    52 S.W.3d 749 (Tex. 2001)   Cited 800 times
    Holding that by joining their parents' contract claim, the children "subjected themselves to the contract's terms" even though they never signed the agreement
  6. Tuchman v. DSC Commc'ns Corp.

    14 F.3d 1061 (5th Cir. 1994)   Cited 1,027 times   1 Legal Analyses
    Holding that motive to inflate stock price and value of defendants investments was insufficient to establish scienter under Rule 9(b)
  7. Blackburn v. Marshall City of

    42 F.3d 925 (5th Cir. 1995)   Cited 861 times
    Determining that relationship between owner of towing service and city did not sufficiently resemble a quasi-public employment relationship so as to render public concern requirement applicable
  8. Plotkin v. IP Axess Inc.

    407 F.3d 690 (5th Cir. 2005)   Cited 582 times
    Holding that a plaintiff must plead with “specificity as to the statements (or omissions) considered to be fraudulent, the speaker, when and why the statements were made, and an explanation of why they were fraudulent.”
  9. R2 Investments LDC v. Phillips

    401 F.3d 638 (5th Cir. 2005)   Cited 563 times
    Holding that circumstantial evidence of scienter must be greater where a clear motive for alleged misstatements or omissions is not alleged
  10. Martins v. Bac Home Loans Servicing, L.P.

    722 F.3d 249 (5th Cir. 2013)   Cited 419 times
    Holding that an agreement to modify a loan agreement for over $50,000 must be in writing to be valid under Texas's statute of frauds
  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 270,437 times   785 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 123,496 times   187 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 71,353 times   88 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 32,159 times   261 Legal Analyses
    Requiring a party who alleged fraud or mistake to "state with particularity the circumstances constituting fraud of mistake"
  15. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 21,941 times   27 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  16. Section 51.002 - Sale Of Real Property Under Contract Lien

    Tex. Prop. Code § 51.002   Cited 791 times   1 Legal Analyses
    Requiring the mortgagee to notify the debtor and public in writing of the foreclosure sale of the debtor's property at least 21 days before the sale
  17. Section 26.02 - Loan Agreement Must Be In Writing

    Tex. Bus. & Com. Code § 26.02   Cited 258 times
    Requiring a writing for loan agreements involving loans of $50,000 or more