Bixler v. Foster

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that even if an entry of default was appropriate, a claim can be dismissed on the merits and that the district court properly denied the motion for default judgment
• stating that the Court must evaluate “whether the unchallenged facts constitute a legitimate cause of action” such that a judgment should be entered
• observing that “a party in default does not admit mere conclusions of law” (citation and internal quotation marks omitted)
• indicating that the continuity requirement “is more difficult to meet” (citation and quotation marks omitted)
• holding “[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face”
• applying Colorado law and holding that diminution in value of shares is not a direct and personal injury, but an injury to the corporation

Source: CourtListener parenthetical corpus (CC0).