§Why CasetextPricing

BELHAS et al v. YA'ALON

REPLY to opposition to motion re MOTION to Dismiss

66 Cited authorities

  1. Kentucky v. Graham

    473 U.S. 159 (1985)   Cited 19,209 times   1 Legal Analyses
    Holding that "an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity," and that "a plaintiff seeking to recover on a damages judgment in an official-capacity suit must look to the government entity itself"

  2. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,440 times   8 Legal Analyses
    Holding that sovereign immunity prohibits federal courts from "instruct[ing] state officials on how to conform their conduct to state law"

  3. Sosa v. Alvarez-Machain

    542 U.S. 692 (2004)   Cited 1,167 times   16 Legal Analyses
    Holding that no "private cause of action" had been Congressionally authorized, and thus, plaintiff was "not entitled to a remedy"

  4. Baker v. Carr

    369 U.S. 186 (1962)   Cited 5,229 times   11 Legal Analyses
    Holding that the plaintiffs had standing to challenge Tennessee's apportionment of state representatives when that apportionment "effect[ed] a gross disproportion of representation to voting population"

  5. Hamdi v. Rumsfeld

    542 U.S. 507 (2004)   Cited 614 times   6 Legal Analyses
    Holding that exigencies of national security caution against full trial-type procedures to alleviate burden on Executive

  6. Rasul v. Bush

    542 U.S. 466 (2004)   Cited 554 times   3 Legal Analyses
    Holding that § 2241 extends to Guantanamo detainees

  7. Argentine Republic v. Amerada Hess Shipping

    488 U.S. 428 (1989)   Cited 901 times   7 Legal Analyses
    Holding the Foreign Sovereign Immunities Act of 1976 barred ATS suits against foreign governments

  8. Morton v. Mancari

    417 U.S. 535 (1974)   Cited 1,353 times   9 Legal Analyses
    Holding that the Indian Commerce Clause empowers Congress to “single Indians out as a proper subject for separate legislation.”

  9. Republic of Austria v. Altmann

    541 U.S. 677 (2004)   Cited 321 times   4 Legal Analyses
    Holding that FSIA can be retroactive in application

  10. Haig v. Agee

    453 U.S. 280 (1981)   Cited 458 times   2 Legal Analyses
    Holding that absence of historical practice does not preclude executive from exercising power in new or novel scenarios

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,885 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,281 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  13. Section 1350 - Alien's action for tort

    28 U.S.C. § 1350   Cited 1,164 times   64 Legal Analyses
    Granting district courts jurisdiction over "any civil action . . . for a tort only, committed in violation of the law of nations"

  14. Section 2331 - Definitions

    18 U.S.C. § 2331   Cited 335 times   13 Legal Analyses
    Defining "international terrorism" to include activities that would violate the criminal laws of the United States or any State and that, inter alia , "involve violence or endanger human life" and "appear to be intended" to intimidate or coerce a civilian population or government

  15. Section 2337 - Suits against Government officials

    18 U.S.C. § 2337   Cited 32 times
    In § 2337(2) directs the courts to find liability "in accordance with" § 2333, which in turn adds a subsection for aiding-and-abetting liability that construes "person" as defined in 1 U.S.C § 1 (the "Dictionary Act"), id. § 2333(d)(1). This definition of "person" includes "corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals."