§Why CasetextPricing

Betancourt v. Macy's Department Stores, Inc.

MOTION to Dismiss

14 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,684 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,676 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 29,321 times   144 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"

  4. Bochese v. Town of Ponce Inlet

    405 F.3d 964 (11th Cir. 2005)   Cited 560 times
    Holding that the plaintiff lacked standing to raise a Contracts Clause claim based on rescission of a contract between a town and a developer where the plaintiff was neither a party to nor an interested beneficiary of the contract

  5. Tandy v. City of Wichita

    380 F.3d 1277 (10th Cir. 2004)   Cited 323 times
    Holding that several plaintiffs who rode the Wichita bus system once could have standing

  6. Plumley v. Landmark Chevrolet Inc.

    122 F.3d 308 (5th Cir. 1997)   Cited 104 times
    Holding that a plaintiff lacks standing to pursue injunctive or declaratory relief on behalf of deceased victim

  7. Brother v. Tiger Partner, LLC

    331 F. Supp. 2d 1368 (M.D. Fla. 2004)   Cited 70 times   2 Legal Analyses
    Holding that "in view of his extensive litigation history, [plaintiff's] professed intent to return to the property is insufficient."

  8. Harris v. Del Taco, Inc.

    396 F. Supp. 2d 1107 (C.D. Cal. 2005)   Cited 46 times
    Holding a plaintiff failed to establish an intent to return when he only had patronized the restaurant one time

  9. Doe v. Beaumont Independent School Dist

    240 F.3d 462 (5th Cir. 2001)   Cited 45 times
    Holding that exclusion from the "benefits of a school-financed educational offering [is] a concrete, judicially cognizable injury" such that students and parents had standing to bring Establishment Clause challenge where they alleged that they could not "participate in the school's offered program without taking part in an unconstitutional practice"

  10. Norkunas v. Vegas

    343 F. App'x 269 (9th Cir. 2009)   Cited 12 times
    Noting that factual attacks on jurisdiction may be made against ADA actions "when the defendant submits evidence challenging the jurisdiction along with its motion to dismiss"

  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 362,493 times   962 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,394 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 12181 - Definitions

    42 U.S.C. § 12181   Cited 3,642 times   29 Legal Analyses
    Including "grocery store" and "pharmac[ies]" whose operations "affect commerce" within the definition of "public accommodation"