§Why CasetextPricing

Wright v. Bank of America

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

12 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 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 273,590 times   368 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. Marsh v. Butler County

    268 F.3d 1014 (11th Cir. 2001)   Cited 1,555 times
    Holding that a supervisory official "can have no respondeat superior liability for a section 1983 claim."

  4. Watts v. Fla. Int'l

    495 F.3d 1289 (11th Cir. 2007)   Cited 1,138 times   1 Legal Analyses
    Holding that a complaint is sufficient if it identifies facts that are suggestive enough to render the necessary elements plausible

  5. Davis v. Coca-Cola Bottling

    516 F.3d 955 (11th Cir. 2008)   Cited 962 times   2 Legal Analyses
    Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine

  6. United Tech. Corp. v. Mazer

    556 F.3d 1260 (11th Cir. 2009)   Cited 902 times
    Holding that " court without personal jurisdiction is powerless to take further action"

  7. Strat. Income Fund v. Spear, Leeds Kellogg

    305 F.3d 1293 (11th Cir. 2002)   Cited 709 times   1 Legal Analyses
    Deciding that the third amended complaint, which contained 127 paragraphs, all incorporated by reference into nine separate counts created an "onerous task" for the trial court to sift through

  8. Magluta v. Samples

    256 F.3d 1282 (11th Cir. 2001)   Cited 536 times
    Holding that a complaint was a shotgun complaint when, among other issues, the complaint was 58-pages long and contained at least 146 numbered paragraphs

  9. Beckwith v. Bellsouth Telecommunications

    146 F. App'x 368 (11th Cir. 2005)   Cited 311 times
    Finding a complaint deficient because “[i]t is virtually impossible to ascertain what factual allegations correspond with each claim and which claim is directed at which defendant”

  10. Poblete v. Goldberg

    680 F. Supp. 2d 18 (D.D.C. 2009)   Cited 15 times
    Granting unopposed motion to dismiss as conceded after plaintiff filed no timely opposition and did not seek an extension of time to do so

  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 354,229 times   943 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 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."