David Migdal’s Empirical Analysis

Citation profile

51 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 92 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A Rule 12(b)(6) motion should only be granted if, after accepting all well-pleaded allegations in the plaintiff's complaint as true, it appears certain that the plaintiff cannot prove any set of facts in support of his claim entitling him to relief. See Edwards v. City of Goldsboro, 178 F.3d 231, 244 (4th Cir.1999). Furthermore, the "Federal Rules of Civil Procedure do not require a claimant to set out in detail the facts upon which he bases his claim.” Conley v. Gibson, 355 U.S. 41, 47 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957). Rather, Rule 8(a)(2) requires only a "short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2).”

   3 later decisions quote this exact passage · from the majority
   e.g. Andrew v. Clark · 718 F. Supp. 2d 626 - Paulone v. City of Frederick

2. “[t]he presence of a few conclusory legal terms does not insulate a complaint from dismissal”

   3 later decisions quote this exact passage · from the majority
   e.g. 609 F. Supp. 2d 529 - Walker v. White · 476 F. Supp. 2d 578 - At MASSEY COAL CO., INC. v. Meadows

3. “disproportionate, excessive, or unearned fees.”

   2 later decisions quote this exact passage · from the majority
   e.g. 437 F. Supp. 2d 449 - In Re Mut. Funds Inv. Litigation · 590 F. Supp. 2d 741 - In Re Mutual Funds Inv. Litigation