Rios II’s Empirical Analysis
Citation profile
2 district ·
How this case has been cited
Cited by 85 later decisions — most recently July 2023 · most notably Kaye v. LONE STAR FUND v. (US), LP (2011), Rollins v. St. Jude Medical (2008)
2 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Conley v. Gibson · Mitchell v. Forsyth · City of Canton v. Harris · County of Sacramento v. Lewis · Duncan v. Walker
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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[T]he complaint must contain either direct allegations on every material point necessary to sustain a recovery ... or contain allegations from which an inference fairly may be drawn that evidence on these material points will be introduced at trial.” 3 Wright & Miller, FEDERAL PRACTICE AND PROCEDURE: CIVIL 2d § 1216 at 156-159 (footnote omitted). ‘[A] statement of facts that merely creates a suspicion that the pleader might have a right of action’ is insufficient. Id. at 163 (footnote omitted). ‘Dismissal is proper if the complaint lacks an allegation regarding a required element necessary to obtain relief ...’ 2A MOORE’S FEDERAL PRACTICE P 12.07 [2.-5] at 12-91 (footnote omitted). The court is not required to ‘conjure up unpled allegations or construe elaborately arcane scripts to’ save a complaint. Gooley v. Mobil Oil Corp., 851 F.2d 513, 514 (1st Cir.1988). Further, ‘conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss.’ Fernandez-Montes v. Allied Pilots Ass’n, 987 F.2d 278, 284 (5th Cir.1993).”
1 later decision quote this exact passage · from the majority“a statement of facts that merely creates a suspicion that the pleader might have a right of action is insufficient. Dismissal is proper if the complaint lacks an allegation regarding a required element necessary to obtain relief. The court is not required to conjure up unpled allegations or construe elaborately arcane scripts to save a complaint. Further, conclusory allegations or legal conclusions masquerading as factual conclu sions will not suffice to prevent a motion to dismiss.”
1 later decision quote this exact passage · from the majority“‘Mi-ability exists only if the state actor is aware of an immediate danger facing a known victim’ and does not extend to ‘all foreseeable victims!;.]'”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.