§Why CasetextPricing

California Trucking Association et al v. Becerra et al

RESPONSE in Opposition re MOTION to Dismiss Defendants' Notice of Motion and Motion to Dismiss First Amended Complaint, 29 MOTION to Dismiss Plaintiffs' First Amended Complaint

78 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,563 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,738 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  3. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,515 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

  4. Clapper v. Amnesty Int'l USA

    568 U.S. 398 (2013)   Cited 3,041 times   169 Legal Analyses
    Holding that respondents could not establish injury by relying on a "speculative chain of possibilities"

  5. Summers v. Earth Island Inst.

    555 U.S. 488 (2009)   Cited 2,993 times   12 Legal Analyses
    Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

  6. Gonzaga University v. Doe

    536 U.S. 273 (2002)   Cited 3,195 times   9 Legal Analyses
    Holding that nothing "short of an unambiguously conferred right ... support a cause of action brought under § 1983"

  7. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,682 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

  8. Shaw v. Delta Air Lines, Inc.

    463 U.S. 85 (1983)   Cited 3,509 times   18 Legal Analyses
    Holding that federal common law of ERISA preempts state law in the interpretation of ERISA benefit plans

  9. FW/PBS, Inc. v. City of Dallas

    493 U.S. 215 (1990)   Cited 2,365 times   2 Legal Analyses
    Holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction (quoting McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936))

  10. Lucas v. South Carolina Coastal Council

    505 U.S. 1003 (1992)   Cited 1,839 times   28 Legal Analyses
    Holding that Williamson County's "final decision" prong is prudential

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 485,294 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,078 times   133 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  13. Section 41713 - Preemption of authority over prices, routes, and service

    49 U.S.C. § 41713   Cited 820 times   30 Legal Analyses
    Recognizing that the preemption provision does not limit a State from "carrying out its proprietary powers and rights"

  14. Section 14501 - Federal authority over intrastate transportation

    49 U.S.C. § 14501   Cited 676 times   31 Legal Analyses
    Granting a limited exemption to a state or its political subdivisions from the federally preempted regulation of the towing industry by permitting a state or its political subdivisions to regulate nonconsent tow fees

  15. Section 1396c - Operation of State plans

    42 U.S.C. § 1396c   Cited 216 times   2 Legal Analyses
    Providing that the remedy for State noncompliance with any provision of section 1396a is the withholding of federal funds

  16. Section 43:21-19 - Definitions

    N.J. Stat. § 43:21-19   Cited 202 times   23 Legal Analyses
    Defining "average weekly wage"

  17. Section 1775 - Amount of penalty for each worker paid less than prevailing wage rates

    Cal. Lab. Code § 1775   Cited 49 times   1 Legal Analyses

    (a) (1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision

  18. Section 90.5 - Employment conditions; field enforcement unit

    Cal. Lab. Code § 90.5   Cited 44 times   1 Legal Analyses

    (a) It is the policy of this state to vigorously enforce minimum labor standards in order to ensure employees are not required or permitted to work under substandard unlawful conditions or for employers that have not secured the payment of compensation, and to protect employers who comply with the law from those who attempt to gain a competitive advantage at the expense of their workers by failing to comply with minimum labor standards. (b) In order to ensure that minimum labor standards are adequately

  19. Section 31141 - Review and preemption of State laws and regulations

    49 U.S.C. § 31141   Cited 38 times   8 Legal Analyses
    Providing that the remedies "are in addition to other remedies provided by law"

  20. Section 1182 - Actions of commission

    Cal. Lab. Code § 1182   Cited 37 times

    (a) After receipt of the wage board report and the public hearings on the proposed regulations, the commission may, upon its own motion, amend or rescind an existing order or promulgate a new order. However, with respect to proposed regulations based on recommendations supported by at least two-thirds of the members of the wage board, the commission shall adopt such proposed regulations, unless it finds there is no substantial evidence to support such recommendations. (b) If at any time the federal

  21. Section 11090 - Order Regulating Wages, Hours, and Working Conditions in the Transportation Industry

    Cal. Code Regs. tit. 8 § 11090   Cited 195 times   5 Legal Analyses
    Providing employee "shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless" employee is paid overtime

  22. Section 1.87 - Delegations to the Federal Motor Carrier Safety Administrator

    49 C.F.R. § 1.87   Cited 16 times
    Delegating authorities vested in Secretary of Transportation to Administrator of FMCSA