§Why CasetextPricing

Conejo Wellness Center Cooperative Inc et al v. Eric Holder et al

MEMORANDUM in Opposition to MOTION to Dismiss Case 25

21 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. Washington v. Glucksberg

    521 U.S. 702 (1997)   Cited 2,711 times   5 Legal Analyses
    Holding that there is no fundamental right to physician-assisted suicide

  4. United States v. Lopez

    514 U.S. 549 (1995)   Cited 2,406 times   21 Legal Analyses
    Holding that the Gun-Free School Zones Act "exceeds the authority of Congress to ‘regulate Commerce’ " as it "neither regulates a commercial activity nor" "contains jurisdictional element which would ensure, through case-by-case inquiry, that the firearm possession in question affects interstate commerce" (quoting U.S. Const. Art. I § 8 cl. 3 )

  5. Gonzales v. Raich

    545 U.S. 1 (2005)   Cited 1,171 times   48 Legal Analyses
    Holding that because “Congress had a rational basis” for concluding that a statute implements Commerce Clause power, the statute falls within the scope of congressional “authority to ‘make all Laws which shall be necessary and proper’ to ‘regulate Commerce ... among the several States' ”

  6. Lawrence v. Texas

    539 U.S. 558 (2003)   Cited 1,170 times   33 Legal Analyses
    Holding statute that criminalizes two persons of same sex engaging in intimate sexual conduct unconstitutional under the Fourteenth Amendment

  7. Abbott Laboratories v. Gardner

    387 U.S. 136 (1967)   Cited 5,347 times   9 Legal Analyses
    Holding that plaintiffs subject to a regulation had standing to challenge it even though the Attorney General had yet to "authorize criminal and seizure actions for violations of the statute"

  8. Babbitt v. Farm Workers

    442 U.S. 289 (1979)   Cited 1,927 times
    Holding a case justiciable even though the plaintiffs disavowed any intent to "propagate untruths"

  9. New York v. United States

    505 U.S. 144 (1992)   Cited 1,001 times   14 Legal Analyses
    Holding that the federal government could not commandeer States to enact or enforce a federal regulatory scheme

  10. Iqbal v. Hasty

    490 F.3d 143 (2d Cir. 2007)   Cited 1,837 times   1 Legal Analyses
    Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"

  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. Section 11362.775 - [Repealed]

    Cal. Health & Saf. Code § 11362.775   Cited 142 times
    In section 11362.775, the MMP merely removes state law criminal and nuisance sanctions from the conduct described therein.