§Why CasetextPricing

Brady Campaign to Prevent Gun Violence v. Brownback et al

MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

61 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 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. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 times   365 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' "

  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,874 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"

  4. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 19,034 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  5. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,162 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

  6. Clapper v. Amnesty Int'l USA

    568 U.S. 398 (2013)   Cited 3,064 times   169 Legal Analyses
    Holding that respondents could not establish injury by relying on a "speculative chain of possibilities"

  7. District of Columbia et al. v. Heller

    554 U.S. 570 (2008)   Cited 3,486 times   50 Legal Analyses
    Holding it irrelevant to the constitutionality of D.C.'s "handgun" ban that the law allowed citizens the possession of substitutes, like "long guns"

  8. Summers v. Earth Island Inst.

    555 U.S. 488 (2009)   Cited 3,003 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"

  9. Daimlerchrysler Corp. v. Cuno

    547 U.S. 332 (2006)   Cited 2,656 times   7 Legal Analyses
    Holding that an injury a plaintiff "suffers in some indefinite way in common with people generally" is not a cognizable injury-in-fact

  10. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,516 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 487,542 times   692 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. 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 346,412 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  13. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,534 times   134 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."

  14. Section 1343 - Civil rights and elective franchise

    28 U.S.C. § 1343   Cited 13,818 times   1 Legal Analyses
    Granting district courts jurisdiction over "any civil action authorized by law"

  15. Section 1442 - Federal officers or agencies sued or prosecuted

    28 U.S.C. § 1442   Cited 5,119 times   87 Legal Analyses
    Granting removal power to "[a]ny officer of the United States . . . or person acting under him"

  16. Section 927 - Effect on State law

    18 U.S.C. § 927   Cited 72 times
    Using slightly different language

  17. Section 50-1204 - Personal firearms, accessories and ammunition manufactured in Kansas; exempt, interstate commerce

    Kan. Stat. § 50-1204   Cited 4 times

    (a) A personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately and owned in Kansas and that remains within the borders of Kansas is not subject to any federal law, treaty, federal regulation, or federal executive action, including any federal firearm or ammunition registration program, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies

  18. Section 50-1201 - Second amendment protection act

    Kan. Stat. § 50-1201   Cited 3 times

    K.S.A. 2023 Supp. 50-1201 through 50-1211, and amendments thereto, may be cited as the second amendment protection act. K.S.A. 50-1201 Added by L. 2013, ch. 100,§ 1, eff. 4/25/2013.

  19. Section 50-1206 - Certain federal laws made inapplicable; prohibition against enforcement

    Kan. Stat. § 50-1206   Cited 2 times

    (a) Any act, law, treaty, order, rule or regulation of the government of the United States which violates the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas. (b) No official, agent or employee of the state of Kansas, or any political subdivision thereof, shall enforce or attempt to enforce any act, law, treaty, order, rule or regulation of the government of the United States regarding any personal firearm, firearm accessory or ammunition

  20. Section 50-1207 - Criminal penalty; certain actions of federal officials

    Kan. Stat. § 50-1207   Cited 2 times
    Making it a felony for federal officials or agents to enforce federal regulations with respect to firearms made, owned, and having always remained within Kansas borders