53 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,597 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,563 times 364 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
In re Katrina Canal
495 F.3d 191 (5th Cir. 2007) Cited 4,527 times 6 Legal Analyses
Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees
Plotkin v. IP Axess Inc.
407 F.3d 690 (5th Cir. 2005) Cited 934 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.”
Fernandez-Montes v. Allied Pilots Ass'n
987 F.2d 278 (5th Cir. 1993) Cited 1,354 times 1 Legal Analyses
Holding that "conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss."
In re Firstmerit Bank
52 S.W.3d 749 (Tex. 2001) Cited 905 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
Tuchman v. DSC Commc'ns Corp.
14 F.3d 1061 (5th Cir. 1994) Cited 1,133 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)
R2 Investments LDC v. Phillips
401 F.3d 638 (5th Cir. 2005) Cited 710 times
Holding that circumstantial evidence of scienter must be greater where a clear motive for alleged misstatements or omissions is not alleged
Blackburn v. Marshall City of
42 F.3d 925 (5th Cir. 1995) Cited 1,007 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
Martins v. Bac Home Loans Servicing, L.P.
722 F.3d 249 (5th Cir. 2013) Cited 464 times 1 Legal Analyses
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
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 344,659 times 920 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 155,577 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,200 times 91 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
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,838 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 28,172 times 26 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."
Section 26.02 - Loan Agreement Must Be in Writing
Tex. Bus. & Com. Code § 26.02 Cited 290 times
Requiring a writing for loan agreements involving loans of $50,000 or more

White et al v. Wells Fargo Home Mortgage Inc

53 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees

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.”

Holding that "conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss."

Holding that by joining their parents' contract claim, the children "subjected themselves to the contract's terms" even though they never signed the agreement

Holding that motive to inflate stock price and value of defendants investments was insufficient to establish scienter under Rule 9(b)

Holding that circumstantial evidence of scienter must be greater where a clear motive for alleged misstatements or omissions is not alleged

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

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

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. . . ."

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

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Requiring a writing for loan agreements involving loans of $50,000 or more