Janvey v. Alguire’s Empirical Analysis

Citation profile

1 federal appellate · 1 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]here is no allegation that the [d]efendant committed any act of fraud”

   2 later decisions quote this exact passage · from the majority
   e.g. Life Partners Creditors' Trust v. Cowley (In re Life Partners Holdings, Inc.) · Janvey v. Suarez

2. “When faced with a Rule 12(b)(6) motion to dismiss, the Court must determine whether the plaintiff has asserted a legally sufficient claim for relief. Blackburn v. City of Marshall, 42 F.3d 925, 931 (5th Cir.1995). According to the Supreme Court, a viable complaint must include “enough facts to state a claim to relief that is plausible on its face,” i.e., “enough fact[s] to raise a reasonable expectation that discovery will reveal evidence of [the claim or element].” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556, 570 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007); see also Ashcroft v. Iqbal, 556 U.S. 662 , 129 S.Ct. 1937, 1949-50 , 173 L.Ed.2d 868 (2009). A plaintiff is required to provide “more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555 , 127 S.Ct. 1955 . “Factual allegations must be enough to raise a right to relief above the speculative level on the assumption that all the allegations in the complaint are true (even if doubtful in fact).” Id. (internal citations omitted).... In ruling on a Rule 12(b)(6) motion, a court generally limits its review to the face of the pleadings, accepting as true all well-pleaded facts and viewing them in the light most favorable to the plaintiff. Spivey v. Robertson, 197 F.3d 772, 774 (5th Cir.1999).”

   1 later decision quote this exact passage · from the majority
   e.g. Janvey v. Suarez

3. “[assuming, as the Court must that the factual allegations in the [Plaintiffs’] Complaint are true: The Stanford Defendants operated a Ponzi scheme that [Suarez] furthered. Because the scheme had few, if any, business components untouched by the sale of fraudulent investment vehicles, [Suarez] necessarily received compensation in the form of funds derived from unsuspecting investors’ cash infusions into the Ponzi scheme. This makes [Suarez’s] compensation assets that are potentially traceable to the Receivership Estate. [Plaintiffs] assert[] that [Suarez] therefore holds and controls — or previously disposed of — proceeds that are traceable to the Receivership Estate. And, [Plaintiffs] identify the specific amount of CD Proceeds related compensation [Suarez allegedly received, and have therefore] apprised [Suarez] of a sufficiently “substantial amount of particularized information about [their] claim in order to enable [Suarez] to understand it and effectively prepare a responsive pleading and an overall defense of the action [ ].” 5A Charles Alan Wright & Arthur R. Miller, Federal Practice & Procedure § 1296 at 39 (3d ed.2004).”

   1 later decision quote this exact passage · from the majority
   e.g. Janvey v. Suarez