§Why CasetextPricing

Charles v. Brennan et al

MOTION to Dismiss Plaintiff's Amended Complaint

70 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,951 times   280 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. Holland v. Florida

    560 U.S. 631 (2010)   Cited 14,176 times   11 Legal Analyses
    Holding that § 2254 does not preclude equitable tolling of a statute of limitations based on attorney misconduct in habeas proceedings

  3. Pace v. Diguglielmo

    544 U.S. 408 (2005)   Cited 12,888 times   8 Legal Analyses
    Holding that a five-month delay demonstrated a lack of diligence

  4. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,047 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"

  5. Mohasco Corp. v. Silver

    447 U.S. 807 (1980)   Cited 990 times
    Holding that an agency’s " ‘interpretation’ of a statute cannot supersede the language chosen by Congress"

  6. Goldlawr, Inc. v. Heiman

    369 U.S. 463 (1962)   Cited 1,803 times
    Holding that a lack of personal jurisdiction can be remedied by a transfer under § 1406

  7. E.E.O.C. v. St. Francis Xavier Parochial

    117 F.3d 621 (D.C. Cir. 1997)   Cited 1,276 times
    Holding that question of whether defendant was a covered entity under ADA is not jurisdictional, but merits related

  8. Trudeau v. Federal Trade Com'n

    456 F.3d 178 (D.C. Cir. 2006)   Cited 889 times
    Holding APA § 702's waiver applies to claims against an agency for nonmonetary relief regardless of whether the challenged agency action constitutes "final agency action" subject to review under APA § 704

  9. Baloch v. Kempthorne

    550 F.3d 1191 (D.C. Cir. 2008)   Cited 806 times
    Holding that a change in job duties was not an adverse employment action where the new job duties “did not constitute qualitatively inferior work requiring any less skill or knowledge”

  10. Land v. Dollar

    330 U.S. 731 (1947)   Cited 1,224 times
    Holding generally that the District Court has the authority to consider questions of jurisdiction on the basis of affidavits as well as the pleadings

  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 348,231 times   929 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,029 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  13. Section 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,254 times   52 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought

  14. Section 1400 - Patents and copyrights, mask works, and designs

    28 U.S.C. § 1400   Cited 2,166 times   321 Legal Analyses
    Identifying proper venue for copyright and patent suits

  15. Section 633a - Nondiscrimination on account of age in Federal Government employment

    29 U.S.C. § 633a   Cited 1,272 times   18 Legal Analyses
    Extending antidiscrimination provisions to federal employees, but providing such employees a different remedy for violations