§Why CasetextPricing

Claire Headley v. Church of Scientology International et al

MEMORANDUM in Support of MOTION to Dismiss Second Amended Complaint Pursuant to Federal Rule of Civil Procedure 12

64 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 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 276,716 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. Landgraf v. USI Film Prods.

    511 U.S. 244 (1994)   Cited 3,859 times   34 Legal Analyses
    Holding that a statute may apply retroactively when "clear congressional intent favor such a result"

  4. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,174 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  5. Owens v. Okure

    488 U.S. 235 (1989)   Cited 3,347 times
    Holding that state law statute of limitations applies to § 1983 claims

  6. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,393 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'"

  7. In re Tobacco II Cases

    46 Cal.4th 298 (Cal. 2009)   Cited 1,224 times   35 Legal Analyses
    Holding class representatives had standing to challenge common marketing of cigarettes despite differences in the advertisements or statements on which class members relied

  8. Maldonado v. Harris

    370 F.3d 945 (9th Cir. 2004)   Cited 1,068 times
    Holding that a § 1983 claim accrues when plaintiff knows or has reason to know of injury

  9. Moore v. Kayport Package Exp., Inc.

    885 F.2d 531 (9th Cir. 1989)   Cited 1,877 times
    Holding that a complaint did not satisfy Rule 9(b) because it "d[id] not specify which plaintiff received which prospectus, or which plaintiff made purchases through the stockbroker defendants"

  10. Lukovsky v. City

    535 F.3d 1044 (9th Cir. 2008)   Cited 659 times   2 Legal Analyses
    Holding that the statute of limitations begins to run on the date that the plaintiff's claim "accrues"

  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 357,835 times   950 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 162,084 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 93,795 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  14. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,874 times   1249 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  15. Section 10 - Powers Denied to the States

    U.S. Const. art. I, § 10   Cited 4,907 times   5 Legal Analyses
    Prohibiting specific acts by the States

  16. Section 9 - Powers Denied to Congress

    U.S. Const. art. I, § 9   Cited 2,815 times   17 Legal Analyses
    Prohibiting Congress

  17. Section 1658 - Time limitations on the commencement of civil actions arising under Acts of Congress

    28 U.S.C. § 1658   Cited 2,411 times   41 Legal Analyses
    Holding that the state-law tort period controls § 1983 actions

  18. Section 1589 - Forced labor

    18 U.S.C. § 1589   Cited 749 times   15 Legal Analyses
    Defining "serious harm" as that which would compel a "reasonable person" to perform or continue performing labor to avoid incurring such harm

  19. Section 1595 - Civil remedy

    18 U.S.C. § 1595   Cited 690 times   13 Legal Analyses
    Authorizing private plaintiffs to "recover damages" but not speaking to injunctive relief

  20. Section 9

    Cal. Const. art. I § 9   Cited 674 times   2 Legal Analyses
    Rejecting defendant’s contracts clause challenge to plea agreement