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City of Miami v. Bank of America Corporation et al

RESPONSE in Opposition re MOTION TO DISMISS 102 Amended Complaint FOR FAILURE TO STATE A CLAIM -- Defendants' Motion to Dismiss Third Amended Complaint with Prejudice and Request for Hearing MOTION for Hearing

52 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 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 273,590 times   368 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. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 17,065 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  4. Teamsters v. United States

    431 U.S. 324 (1977)   Cited 4,627 times   27 Legal Analyses
    Holding that a plaintiff who did not apply for a position can still make prima facie showing if he can demonstrate his application for the position would have been futile

  5. Delaware State College v. Ricks

    449 U.S. 250 (1980)   Cited 2,360 times   6 Legal Analyses
    Holding a claim began to accrue when a board made the final decision to deny tenure, not after the subsequent grievance procedure to the same board

  6. Havens Realty Corp. v. Coleman

    455 U.S. 363 (1982)   Cited 2,062 times   14 Legal Analyses
    Holding that an organization suffers injury in fact when its key activities are "perceptibly impaired" and its resources "consequent[ly] drain[ed]"

  7. Weiland v. Palm Beach Cnty. Sheriff's Office

    792 F.3d 1313 (11th Cir. 2015)   Cited 2,499 times   2 Legal Analyses
    Holding that the "conclusory allegation that the Sheriff’s Office was ‘on notice’ of the need to ‘promulgate, implement, and/or oversee’ policies pertaining to the ‘use of force’ " was insufficient when the claim arose from a single incident involving two deputies

  8. Gladstone, Realtors v. Village of Bellwood

    441 U.S. 91 (1979)   Cited 1,522 times   6 Legal Analyses
    Holding that a municipality suffered an injury from a reduction in its property tax base, even though nothing required the municipality to impose property taxes

  9. A Soc'y Without a Name v. Commonwealth of Va.

    655 F.3d 342 (4th Cir. 2011)   Cited 1,215 times
    Holding one-year limitations period set forth in Virginia Rights of Persons with Disabilities Act applies to Title II claims brought in Virginia

  10. Watts v. Fla. Int'l

    495 F.3d 1289 (11th Cir. 2007)   Cited 1,138 times   1 Legal Analyses
    Holding that a complaint is sufficient if it identifies facts that are suggestive enough to render the necessary elements plausible

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 3613 - Enforcement by private persons

    42 U.S.C. § 3613   Cited 1,566 times   6 Legal Analyses
    Granting right to sue in state or federal court

  13. Section 100.500 - Discriminatory effect prohibited

    24 C.F.R. § 100.500   Cited 105 times   25 Legal Analyses
    Describing this process under the FHA