§Why CasetextPricing

Hubbard v. J Message Group Corp. et al

REPLY to Response to Motion re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to All Claims

16 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,785 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Thomas v. Review Bd. of the Ind. Emp't Sec. Div.

    450 U.S. 707 (1981)   Cited 1,631 times   5 Legal Analyses
    Holding that "it is not within the judicial function and judicial competence to inquire whether the petitioner or [another member of his faith] more correctly perceived the commands of their common faith," because "[c]ourts are not arbiters of scriptural interpretation"

  3. Hosanna-Tabor Evangelical Lutheran Church & Sch. v. Equal Emp't Opportunity Comm'n

    565 U.S. 171 (2012)   Cited 393 times   46 Legal Analyses
    Holding "ministerial exception" is not jurisdictional

  4. Kansas Penn Gaming, LLC v. Collins

    656 F.3d 1210 (10th Cir. 2011)   Cited 1,402 times   1 Legal Analyses
    Holding that district court should assume as true the plaintiff's specific factual allegations when ruling on a motion to dismiss

  5. Serbian Orthodox Diocese v. Milivojevich

    426 U.S. 696 (1976)   Cited 878 times   3 Legal Analyses
    Holding that the principle articulated in Presbyterian Church "applies with equal force to church disputes," like the present one, "over church polity and church administration"

  6. Dubbs v. Head Start, Inc.

    336 F.3d 1194 (10th Cir. 2003)   Cited 1,186 times
    Holding that a private entity can be held liable under § 1983 for municipal liability only if it had a policy that was the direct cause or moving force behind the constitutional violations

  7. Bryce v. Episcopal Church in Diocese of Co.

    289 F.3d 648 (10th Cir. 2002)   Cited 331 times
    Holding "membership in a church does not create sufficient appearance of bias to require recusal"

  8. Hayes v. Whitman

    264 F.3d 1017 (10th Cir. 2001)   Cited 215 times
    Holding that “[b]ecause review of Plaintiffs' claim is available under the Clean Water Act, it is not subject to review under the APA”

  9. Duran v. Carris

    238 F.3d 1268 (10th Cir. 2001)   Cited 170 times   1 Legal Analyses
    Holding that "ghost writing" constituted a misrepresentation to the Court by the allegedly pro se litigant and the unidentified counsel

  10. Malnak v. Yogi

    592 F.2d 197 (3d Cir. 1979)   Cited 98 times   1 Legal Analyses
    Holding unconstitutional the teaching of transcendental meditation in a course that included a ceremony in which the students made offerings to a deity

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,692 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,139 times   47 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

  13. Section Amendment I - Religion and Expression

    U.S. Const. amend. I   Cited 7,065 times   3 Legal Analyses
    Recognizing the "right to petition the Government for redress of grievances"

  14. Rule 602 - Need for Personal Knowledge

    Fed. R. Evid. 602   Cited 3,497 times   13 Legal Analyses
    Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"