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
550 U.S. 544 (2007) Cited 274,046 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
534 U.S. 506 (2002) Cited 17,084 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"
431 U.S. 324 (1977) Cited 4,629 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
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
441 U.S. 91 (1979) Cited 1,523 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