Zixiang Li v. Kerry’s Empirical Analysis
710 F.3d 995 · 2013
Citation profile
9 federal appellate · 7 district ·
Relationships
Applies 28 U.S.C. § 1291 · 5 U.S.C. § 706 · 8 U.S.C. § 1151 (§ 201 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1152 (§ 202 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1153 (§ 203 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1182 (§ 212 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1255 (§ 245 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · Lujan v. National Wildlife Federation · Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. · Norton Secretary of the Interior et al. v. Southern Utah Wilderness Alliance et al.
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” A claim is facially plausible “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” The plausibility standard requires more than the sheer possibility or conceivability that a defendant has acted unlawfully. “Where a complaint pleads facts that are merely consistent with a defendant’s liability, it stops short of the line between possibility and plausibility of entitlement to relief.” Dismissal under Rule 12(b)(6) is proper only when the complaint either (1) lacks a cognizable legal theory or (2) fails to allege sufficient facts to support a cognizable legal theory.”
4 later decisions quote this exact passage · from the majority“'To survive a [ Rule 12(b)(6) ] motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.' " Zixiang Li v. Kerry , 710 F.3d 995 , 999 (9th Cir. 2013) (quoting Ashcroft v. Iqbal , 556 U.S. 662 , 678, 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) ). "A claim is facially plausible 'when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.' " Id. (quoting Iqbal , 556 U.S. at 678 , 129 S.Ct. 1937 ). "The plausibility standard requires more than the sheer possibility or conceivability that a defendant has acted unlawfully.”
2 later decisions quote this exact passage · from the majority“'Where a complaint pleads facts that are merely consistent with a defendant's liability, it stops short of the line between possibility and plausibility of entitlement to relief.'”
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.