§Why CasetextPricing

Carin Dickmeyer v. Board of Trustees of The California State University et al

NOTICE OF MOTION AND MOTION to Dismiss Case FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORTIES IN SUPPORT

27 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 279,746 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. Engquist v. Oregon Dep't of Agric.

    553 U.S. 591 (2008)   Cited 2,634 times   9 Legal Analyses
    Holding that a class-of-one equal-protection claim cannot be raised in the public-employment context based in part upon the discretionary nature of the employment decisions

  4. Lopez v. Smith

    203 F.3d 1122 (9th Cir. 2000)   Cited 24,885 times   1 Legal Analyses
    Holding that a pro se litigant must be given leave to amend his complaint if it appears at all possible that the plaintiff can correct the deficiencies in the complaint

  5. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 11,023 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

  6. Federal Communications Commission v. Beach Communications, Inc.

    508 U.S. 307 (1993)   Cited 2,290 times   7 Legal Analyses
    Holding that a law survives rational basis review so long as there is "any reasonably conceivable state of facts that could provide a rational basis for the classification"

  7. Nordlinger v. Hahn

    505 U.S. 1 (1992)   Cited 1,746 times
    Holding that the legislature need not "actually articulate at any time the purpose or rationale supporting its classification"

  8. San Antonio School District v. Rodriguez

    411 U.S. 1 (1973)   Cited 3,121 times   3 Legal Analyses
    Holding that classifications on the basis of geography are not suspect

  9. Cato v. United States

    70 F.3d 1103 (9th Cir. 1995)   Cited 4,824 times
    Holding that claims not pursued within two years of their accrual, fall outside of the Federal Tort Claims Act's limited waiver of sovereign immunity

  10. Nevada Dept. of Human Resources v. Hibbs

    538 U.S. 721 (2003)   Cited 684 times   9 Legal Analyses
    Holding FMLA family leave provision validly abrogated state sovereign immunity: "pervasive sex-role stereotype that caring for family members is women’s work," in turn "foster[ing] employers’ stereotypical views about women’s commitment to work and their value as employees"

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 505,787 times   708 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 361,353 times   960 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."