| 1 |
“a claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference …” |
Ashcroft v. Iqbal |
12 |
10 |
53,185 |
| 2 |
“the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” |
Anderson v. Liberty Lobby, Inc. |
8 |
4 |
21,755 |
| 3 |
“a claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference …” |
Bell Atlantic Corp. v. Twombly |
6 |
5 |
16,819 |
| 4 |
“whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found t…” |
Jackson v. Virginia |
11 |
6 |
10,139 |
| 5 |
“there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been dif…” |
Strickland v. Washington |
12 |
7 |
10,121 |
| 6 |
“excessive, redundant, or otherwise unnecessary.” |
Nathaniel Saxton, by and Through His Legal Representatives, Steven and Candace Saxton v. Secretary of the Department of Health and Human Services |
19 |
8 |
8,461 |
| 7 |
“such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” |
Richardson v. Perales |
8 |
5 |
7,219 |
| 8 |
“a document filed pro se is to be liberally construed, and a pro se complaint, however inartfully pleaded, must be held to less st…” |
Erickson v. Pardus |
5 |
3 |
6,284 |
| 9 |
“in the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must 'only satisfy it…” |
Rovilma Diamond v. Colonial Life & Accident Insurance Company |
4 |
2 |
4,389 |
| 10 |
“determine de novo whether the claimant is disabled.” |
Rita Schaal v. Kenneth S. Apfel, Commissioner of Social Security, 1 Dockets 96-6212, 96-6316 |
12 |
7 |
4,027 |
| 11 |
“other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximu…” |
Apprendi v. New Jersey |
7 |
3 |
3,719 |
| 12 |
“to state a claim under 1983, a plaintiff must allege the violation of a right secured by the constitution and laws of the united…” |
West v. Atkins |
4 |
2 |
3,652 |
| 13 |
“makes general and conclusory objections that do not direct the court to a specific error in the magistrate's proposed findings an…” |
United States v. Learley Reed Goodwin |
8 |
5 |
3,006 |
| 14 |
“legally probable, not medically or scientifically certain.” |
Debra Ann Knudsen, by Her Parents and Legal Guardians, Doris P. Knudsen and Dale Knudsen v. Secretary of the Department of Health and Human Services |
9 |
5 |
3,003 |
| 15 |
“substantial evidence is defined as 'more than a scintilla of evidence but less than a preponderance; it is such relevant evidence…” |
Debra Rogers v. Commissioner of Social Security |
15 |
12 |
2,936 |
| 16 |
“(1) the relative ease of access to sources of proof; (2) the availability of compulsory process to secure the attendance of witne…” |
In Re Volkswagen Ag Volkswagen of America, Inc. |
6 |
6 |
2,829 |
| 17 |
“traditional notions of fair play and substantial justice.” |
International Shoe Co. v. Washington |
8 |
3 |
2,821 |
| 18 |
“reflects the understanding that, when deciding whether to exercise supplemental jurisdiction, 'a federal court should consider an…” |
City of Chicago v. International College of Surgeons |
3 |
3 |
2,610 |
| 19 |
“sufficient development of the record and explanation of findings to permit meaningful review.” |
Evon HUDSON, Appellant, v. COMMISSIONER OF SOCIAL SECURITY |
8 |
8 |
2,567 |
| 20 |
“clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial orde…” |
State v. Thompkins |
8 |
5 |
2,463 |
| 21 |
“the timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” |
Bowles v. Russell |
9 |
6 |
2,452 |
| 22 |
“state a claim for relief that is plausible on its face.” |
Michael Alexander v. United States |
14 |
12 |
2,395 |
| 23 |
“does not mean a large or considerable amount of evidence, but rather such relevant evidence as a reasonable mind might accept as …” |
Pierce v. Underwood |
8 |
5 |
2,327 |
| 24 |
“a petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution …” |
Miller-El v. Cockrell |
3 |
2 |
2,320 |
| 25 |
“the officers of the court shall issue and serve all process . . . in ifp cases.” |
Walker v. Schult |
4 |
3 |
2,297 |
| 26 |
“will not supply additional factual allegations to round out a plaintiff's complaint or construct a legal theory on a plaintiff's …” |
Louise Whitney v. State of New Mexico Charles Patrick, Employee of the State of New Mexico John/jane Doe, Unknown Employees of the State of New Mexico |
4 |
3 |
2,274 |
| 27 |
“the plausibility of an inference depends on a host of considerations, including common sense and the strength of competing explan…” |
16630 Southfield Ltd. Partnership v. Flagstar Bank, F.S.B. |
6 |
3 |
2,214 |
| 28 |
“an individual or entity named as a defendant is not obliged to engage in litigation unless notified of the action, and brought un…” |
Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc. |
4 |
2 |
2,193 |
| 29 |
“pro se litigants still must allege sufficient facts in their complaints to support a claim.” |
Kelley Mala v. Crown Bay Marina |
7 |
5 |
2,173 |
| 30 |
“(1) suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely t…” |
Spokeo, Inc. v. Robins |
5 |
2 |
2,155 |
| 31 |
“minimal civilized measure of life's necessities.” |
Rhodes v. Chapman |
3 |
2 |
2,065 |
| 32 |
“engage in a reasoned assessment of each claim” |
Joseph D. Murphy v. State of Ohio |
8 |
6 |
2,051 |
| 33 |
“where there are two permissible views of the evidence, the factfinder's choice between them cannot be clearly erroneous.” |
Anderson v. City of Bessemer City |
5 |
3 |
1,995 |
| 34 |
“must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wro…” |
Tennard v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
7 |
6 |
1,986 |
| 35 |
“not bound to accept as true a legal conclusion couched as a factual allegation.” |
Papasan v. Allain |
7 |
4 |
1,980 |
| 36 |
“vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional…” |
Daubert v. Merrell Dow Pharmaceuticals, Inc. |
8 |
4 |
1,948 |
| 37 |
“documents incorporated into the complaint by reference, and matters of which a court may take judicial notice.” |
Tellabs, Inc. v. Makor Issues & Rights, Ltd. |
9 |
7 |
1,884 |
| 38 |
“that reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a differ…” |
Slack v. McDaniel |
8 |
6 |
1,876 |
| 39 |
“marshal and present the court with the evidence she contends will prove her case.” |
Goodman v. National Security Agency, Inc. |
8 |
5 |
1,869 |
| 40 |
“in the 'light most favorable' to the commonwealth, the prevailing party in the trial court.” |
Townes v. Commonwealth |
8 |
5 |
1,839 |
| 41 |
“the companionship, care, custody, and management” |
Santosky v. Kramer |
18 |
13 |
1,817 |
| 42 |
“must come forward with evidence which would 'entitle it to a directed verdict if the evidence went uncontroverted at trial.” |
International Shortstop, Inc., and Sam Talkington v. Rally's, Inc. |
10 |
6 |
1,794 |
| 43 |
“when opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jur…” |
Scott v. Harris |
3 |
2 |
1,774 |
| 44 |
“are not required to indulge unwarranted inferences.” |
Doe I v. Wal-Mart Stores, Inc. |
13 |
12 |
1,752 |
| 45 |
“once a statutory ground for termination has been proven, the trial court must find that termination is in the child's best intere…” |
In re Olive/Metts Minors |
20 |
13 |
1,743 |
| 46 |
“the range of competence demanded of attorneys in criminal cases.” |
Baxter v. Rose |
9 |
7 |
1,698 |
| 47 |
“pro se complaints are to be held 'to less stringent standards than formal pleadings drafted by lawyers,' and should therefore be …” |
Williams v. Curtin |
7 |
5 |
1,679 |
| 48 |
“under the plain 2 terms of 1441(a), in order properly to remove an action pursuant to that provision, the 3 removing defendant…” |
Syngenta Crop Protection, Inc. v. Henson |
9 |
6 |
1,620 |
| 49 |
“in texas, an anders brief need not specifically advance 'arguable' points of error if counsel finds none, but it must provide rec…” |
Hawkins v. State |
6 |
5 |
1,614 |
| 50 |
“to state a claim in federal court, a complaint must explain what each defendant did to him or her; when the defendant did it; how…” |
Nasious v. Two Unknown B.I.C.E. Agents |
17 |
13 |
1,588 |
| 51 |
“ability to do sedentary, light, medium, heavy, or very heavy work,” |
Alva M. Hall v. Patricia R. Harris, Secretary of Health and Human Services |
9 |
6 |
1,579 |
| 52 |
“the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, …” |
Farmer v. Brennan |
3 |
2 |
1,514 |
| 53 |
“under imminent danger of serious physical injury.” |
Kenneth Jay Wilson v. Lewis Yaklich, United States of America, Intervenor-Appellee. Kenneth Jay Wilson v. Mary Sanford |
8 |
6 |
1,462 |
| 54 |
“lacks an arguable basis in either law or fact.” |
Neitzke v. Williams |
4 |
2 |
1,455 |
| 55 |
“sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” |
Mark D. Tourscher v. Martin Horn, Secretary of the Pa. Dept. Of Corrections John McCullough Superintendent ,(d.c. Civil No. 98-Cv-00176j) |
2 |
2 |
1,454 |
| 56 |
“medically severe impairment or combination of impairments.” |
Bowen v. Yuckert |
11 |
6 |
1,449 |
| 57 |
“a court decides whether the pleading standard is met by separating the legal conclusions from the factual allegations, assuming t…” |
A Society Without a Name v. Commonwealth of Virginia |
7 |
6 |
1,439 |
| 58 |
“a federal court should consider and weigh in each case, and at every state of the litigation, the values of judicial economy, con…” |
Carnegie-Mellon University v. Cohill |
5 |
3 |
1,435 |
| 59 |
“if the plaintiff does not desire to amend, he may file an appropriate notice with the district court asserting his intent to stan…” |
Amy Weber v. Frances McGrogan |
10 |
6 |
1,421 |
| 60 |
“labels and conclusions or a formulaic recitation of the elements of a cause of action.” |
Mark Neubauer v. FedEx Corporation |
7 |
4 |
1,416 |
| 61 |
“must consider the plaintiff's literacy, communication skills, education level, litigation experience, intellectual capacity, psyc…” |
James Pennewell v. James Parish |
8 |
4 |
1,405 |
| 62 |
“so long as substantial evidence also supports the conclusion reached by the alj.” |
Angela M. Jones v. Commissioner of Social Security |
9 |
4 |
1,401 |
| 63 |
“where the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we …” |
Chrystal R.M. v. Charlie A.L. |
11 |
9 |
1,400 |
| 64 |
“accept as true the facts alleged, but not legal conclusions or threadbare recitals of the elements of a cause of action, supporte…” |
Barton Ex Rel. Estate of Barton v. Taber |
3 |
3 |
1,389 |
| 65 |
“conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” |
Zhang v. United States Immigration & Naturalization Service |
9 |
7 |
1,378 |
| 66 |
“judicial review of an administrative decision is impossible without an adequate explanation of that decision by the alj.” |
Elizabeth Deloatche v. Margaret M. Heckler, Secretary of Health and Human Services of the United States |
8 |
5 |
1,374 |
| 67 |
“shall give primary consideration to the developmental, physical and emotional needs and welfare of the child.” |
In re K.M. |
9 |
6 |
1,343 |
| 68 |
“sufficiently specific to permit the reviewing court to conclude that the alj did not arbitrarily discredit the claimant's testimo…” |
Leonardo S. ORTEZA, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee |
8 |
6 |
1,321 |
| 69 |
“a motion to strike is properly granted if the complaint alleges mere conclusions of law that are unsupported by the facts alleged.” |
Novametrix Medical Systems, Inc. v. BOC Group, Inc. |
23 |
16 |
1,305 |
| 70 |
“evolving standards of decency.” |
Rhodes v. Chapman |
2 |
2 |
1,295 |
| 71 |
“to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.” |
Link v. Wabash Railroad |
7 |
5 |
1,280 |
| 72 |
“federal jurisdiction must be rejected if there is any doubt as to the right of removal in the first instance.” |
Frank D. Gaus v. Miles, Inc., an Indiana Corporation |
6 |
5 |
1,263 |
| 73 |
“submit evidentiary materials that set forth specific facts showing that there is a genuine issue for trial.” |
Siegel v. Shell Oil Co. |
7 |
6 |
1,251 |
| 74 |
“does not have an obligation to notify parties of the obvious.” |
Karen Laughlin v. Metropolitan Washington Airports Authority Augustus Melton, Jr. |
8 |
5 |
1,251 |
| 75 |
“if the state court arrives at a conclusion opposite to that reached by the supreme court on a question of law or if the state cou…” |
Williams v. Taylor |
3 |
2 |
1,232 |
| 76 |
“taking into consideration the claimant's residual functional capacity, age, education, and work experience.” |
Tackett v. Apfel |
10 |
10 |
1,227 |
| 77 |
“absent either element, a section 1983 claim will not lie.” |
Karen Christy v. James R. Randlett |
4 |
4 |
1,226 |
| 78 |
“seriously affects the fairness, integrity or public reputation of judicial proceedings.” |
United States v. Olano |
4 |
2 |
1,209 |
| 79 |
“a preliminary injunction is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear sho…” |
Mazurek v. Armstrong |
7 |
4 |
1,209 |
| 80 |
“no action shall be brought with respect to prison conditions under section 1983 of this title, or any other federal law, by a pri…” |
Porter v. Nussle |
5 |
3 |
1,205 |
| 81 |
“a party's objections to the magistrate judge's report and recommendation must be both timely and specific to preserve an issue fo…” |
No. 94-5192 |
8 |
4 |
1,187 |
| 82 |
“it lacks an arguable basis either in law or fact.” |
Neitzke v. Williams |
4 |
2 |
1,169 |
| 83 |
“reasonable measures to meet a substantial risk of serious harm.” |
Forbes v. Edgar |
9 |
7 |
1,169 |
| 84 |
“defendant bears the burden of showing that no claim has been presented.” |
Dean Hedges v. United States of America Environmental Moorings International |
6 |
3 |
1,168 |
| 85 |
“plausibly give rise to an entitlement to relief.” |
Santiago v. Warminster Township |
5 |
3 |
1,167 |
| 86 |
“west virginia law allows the circuit court discretion in deciding whether to grant a parent an improvement period.” |
In Re M.M., B.M., C.Z., and C.S |
10 |
5 |
1,160 |
| 87 |
“the strongest legitimate view of the evidence as well as all reasonable and legitimate inferences that may be drawn therefrom.” |
State v. Tuggle |
5 |
3 |
1,159 |
| 88 |
“a motion to dismiss under rule 12(b)(6) tests the sufficiency of a complaint; importantly, it does not resolve contests surroundi…” |
Republican Party Of North Carolina v. James G. Martin |
5 |
3 |
1,158 |
| 89 |
“the substantial evidence test applies not only to findings on basic evidentiary facts, but also to inferences and conclusions dra…” |
Smith v. Colvin |
8 |
6 |
1,157 |
| 90 |
“consistent, clear, cogent, and compelling.” |
Camery v. Secretary of the Department of Health & Human Services |
8 |
4 |
1,152 |
| 91 |
“clear and convincing evidence enables the fact-finder to form a firm belief or conviction regarding the truth of the facts, and e…” |
In Re Bernard T. |
12 |
7 |
1,151 |
| 92 |
“meticulously examine the record as a whole, including anything that may undercut or detract from the alj's findings in order to d…” |
Grogan v. Barnhart |
9 |
6 |
1,149 |
| 93 |
“reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them a…” |
Mullane v. Central Hanover Bank & Trust Co. |
8 |
4 |
1,147 |
| 94 |
“lulled into believing it had effectively served” |
In re Methyl Tertiary Butyl Ether (\MTBE\") Products Liability Litigation" |
2 |
2 |
1,147 |
| 95 |
“when a litigant knowingly and repeatedly refuses to conform his pleadings to the requirements of the federal rules, it is reasona…” |
Eric Knapp v. Hogan |
7 |
6 |
1,143 |
| 96 |
“reasonably related in scope to the circumstances which justified the interference in the first place.” |
Terry v. Ohio |
12 |
5 |
1,128 |
| 97 |
“a plaintiff is generally prohibited from suing a municipal agency.” |
Emerson v. City of New York |
3 |
3 |
1,123 |
| 98 |
“accept all factual allegations as true, construe the complaint in the light most favorable to the plaintiff, and determine whethe…” |
Phillips v. County of Allegheny |
3 |
3 |
1,121 |
| 99 |
“but the district court need not accept a 'bare assertion of legal conclusions.” |
Tackett v. M & G POLYMERS, USA, LLC |
5 |
4 |
1,102 |
| 100 |
“the plra's exhaustion requirement applies to all inmate suits about prison life, whether they involve general circumstances or pa…” |
Porter v. Nussle |
11 |
6 |
1,076 |