§Why CasetextPricing

City of Portland v. Monsanto Company et al

Motion to Dismiss for Failure to State a Claim . Oral Argument requested.

126 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 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 280,791 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. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 17,495 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

  4. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,563 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  5. Whittlestone, Inc. v. Handi-Craft Co.

    618 F.3d 970 (9th Cir. 2010)   Cited 1,393 times   3 Legal Analyses
    Holding that a motion to dismiss under Rule 12(b) is the appropriate means of disposing of an improper claim for relief

  6. Western Min. Council v. Watt

    643 F.2d 618 (9th Cir. 1981)   Cited 2,957 times
    Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"

  7. Ashley County, Ark. v. Pfizer, Inc.

    552 F.3d 659 (8th Cir. 2009)   Cited 656 times   2 Legal Analyses
    Finding that courts apply the law of the forum state to public nuisance claims

  8. American Electric Power Co. v. Connecticut

    564 U.S. 410 (2011)   Cited 170 times   44 Legal Analyses
    Holding that Section 7411 "speaks directly to emissions of carbon dioxide from [fossil-fuel-fired] plants"

  9. County of Santa Clara v. Atlantic Richfield Co.

    137 Cal.App.4th 292 (Cal. Ct. App. 2006)   Cited 259 times   2 Legal Analyses
    Holding that lead paint manufacturers could incur nuisance liability for their "intentional promotion of the use of lead paint on the interiors of buildings with knowledge of the public health hazard that this would create," but not for their "mere manufacture and distribution of lead paint or their failure to warn of its hazards"

  10. Allegheny General Hospital v. Philip Morris

    228 F.3d 429 (3d Cir. 2000)   Cited 268 times
    Holding that parties must have a "reasonable expectation of payment" to state a viable claim for unjust enrichment

  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 362,607 times   962 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,207 times   337 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 30.905 - Time limitation for commencement of action

    ORS § 30.905   Cited 134 times   1 Legal Analyses
    Setting out the discovery rule for products liability claims

  15. Section 30.920 - When seller or lessor of product liable; effect of liability rule

    ORS § 30.920   Cited 108 times   2 Legal Analyses
    In Or. Rev. Stat. § 30.920, Oregon codified the "consumer expectations" test for determining when a product is defective.

  16. Section 30.900 - "Product liability civil action" defined

    ORS § 30.900   Cited 91 times   1 Legal Analyses
    Defining "product liability civil action" as "a civil action brought against a manufacturer, distributor, seller, or lessor of a product for damages for personal injury, death, or property damage arising out of ... any defect, failure to warn, or failure to properly instruct in the use of a product"

  17. Section 12.250 - Actions by state, county or public corporations

    ORS § 12.250   Cited 29 times

    Unless otherwise made applicable thereto, the limitations prescribed in this chapter shall not apply to actions brought in the name of the state, or any county, or other public corporation therein, or for its benefit. ORS 12.250

  18. Section 31.605 - Special questions to trier of fact; jury not to be informed of settlement

    ORS § 31.605   Cited 26 times
    Requiring that "the degree of each person's fault *** shall be expressed as a percentage of the total fault attributable to all persons"

  19. Section 537.110 - Public ownership of waters

    ORS § 537.110   Cited 25 times
    Recognizing state ownership of water

  20. Section 468B.020 - Prevention of pollution

    ORS § 468B.020   Cited 3 times

    (1) Pollution of any of the waters of the state is declared to be not a reasonable or natural use of such waters and to be contrary to the public policy of the State of Oregon, as set forth in ORS 468B.015. (2) In order to carry out the public policy set forth in ORS 468B.015, the Department of Environmental Quality shall take such action as is necessary for the prevention of new pollution and the abatement of existing pollution by: (a) Fostering and encouraging the cooperation of the people, industry

  21. Section 130.7 - Total maximum daily loads (TMDL) and individual water quality-based effluent limitations

    40 C.F.R. § 130.7   Cited 119 times   1 Legal Analyses
    Establishing a time frame for the EPA to develop § 303(d) list if it disapproves the state's draft list

  22. Section 761.3 - [Effective 1/22/2025] Definitions

    40 C.F.R. § 761.3   Cited 26 times   2 Legal Analyses
    Defining PCB disposal as "intentionally or accidently to discard, throw away or otherwise complete or terminate the useful life of PCBs and PCB Items. Disposal includes spills, leaks and other uncontrolled discharges of PCBs. . ."

  23. Section 761.30 - Authorizations

    40 C.F.R. § 761.30   Cited 9 times

    The following non-totally enclosed PCB activities are authorized pursuant to section 6(e)(2)(B) of TSCA: (a)Use in and servicing of transformers (other than railroad transformers). PCBs at any concentration may be used in transformers (other than in railroad locomotives and self-propelled railroad cars) and may be used for purposes of servicing including rebuilding these transformers for the remainder of their useful lives, subject to the following conditions: (1)Use conditions. (i) As of October