51 Cited authorities

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
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
Katz v. United States
389 U.S. 347 (1967) Cited 12,582 times 74 Legal Analyses
Holding that failure to recognize a reasonable expectation of privacy in a telephone booth would "ignore the vital role that the public telephone has come to play in private communication"
Kolender v. Lawson
461 U.S. 352 (1983) Cited 3,065 times 7 Legal Analyses
Holding state misdemeanor statute unconstitutionally vague within the meaning of the Due Process Clause
BFP v. Resolution Trust Corp.
511 U.S. 531 (1994) Cited 1,165 times 15 Legal Analyses
Holding that the neologism "reasonably equivalent value" does not necessarily carry the same meaning as traditional "fair market value"
Stone v. INS
514 U.S. 386 (1995) Cited 1,084 times 3 Legal Analyses
Holding that the IJ's removal order and the Board's denial of a motion to reopen are “two separate final orders”
Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.
469 U.S. 189 (1985) Cited 943 times 7 Legal Analyses
Holding that an incontestable mark cannot be challenged as merely descriptive
Walker v. Darby
911 F.2d 1573 (11th Cir. 1990) Cited 2,184 times
Holding that circumstantial evidence may be used to prove a wiretap claim, including actual interception
Bartnicki v. Vopper
532 U.S. 514 (2001) Cited 289 times 6 Legal Analyses
Holding unconstitutional the prohibition on disclosure of illegally intercepted conversation even though the initial step in the disclosure process, the interception, was illegal and harmful to those whose privacy was invaded
Connally v. General Const. Co.
269 U.S. 385 (1926) Cited 2,771 times 6 Legal Analyses
Holding that a statute violates due process for vagueness if “men of common intelligence must necessarily guess at its meaning and differ as to its application”
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 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
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. . . ."
Section 2510 - Definitions
18 U.S.C. § 2510 Cited 4,285 times 79 Legal Analyses
Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"
Section 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited
18 U.S.C. § 2511 Cited 2,817 times 44 Legal Analyses
Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”
Section 2520 - Recovery of civil damages authorized
18 U.S.C. § 2520 Cited 1,356 times 3 Legal Analyses
Permitting recovery of actual and punitive damages, as well as a reasonable attorney's fee and other costs of litigation reasonably incurred
Section 2701 - Unlawful access to stored communications
18 U.S.C. § 2701 Cited 1,337 times 135 Legal Analyses
Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"
Section 23-542 - Interception, disclosure, and use of wire or oral communications prohibited
D.C. Code § 23-542 Cited 23 times
(a) Except as otherwise specifically provided in this subchapter, any person who in the District of Columbia - (1) willfully intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire or oral communication; (2) willfully discloses or endeavors to disclose to any other person the contents of any wire or oral communication, or evidence derived therefrom, knowing or having reason to know that the information was obtained through the interception of
Section 23-541 - Definitions
D.C. Code § 23-541 Cited 11 times
As used in this subchapter - (1) the term "wire communication" means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception furnished or operated by any person engaged as a common carrier in providing or operating such facilities; (2) the term "oral communication" means any oral communication uttered by a person exhibiting an expectation
Section 23-554 - Authorization for recovery of civil damages
D.C. Code § 23-554 Cited 6 times
(a) Any person whose wire or oral communication is intercepted, disclosed, or used in violation of this subchapter shall - (1) have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use, such communications; and (2) be entitled to recover from any such person - (A) actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation, or $1,000 whichever is higher; (B)

Council on American-Islamic Relations Action Network, Inc., et al v. Gaubatz et al

51 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that failure to recognize a reasonable expectation of privacy in a telephone booth would "ignore the vital role that the public telephone has come to play in private communication"

Holding state misdemeanor statute unconstitutionally vague within the meaning of the Due Process Clause

Holding that the neologism "reasonably equivalent value" does not necessarily carry the same meaning as traditional "fair market value"

Holding that the IJ's removal order and the Board's denial of a motion to reopen are “two separate final orders”

Holding that an incontestable mark cannot be challenged as merely descriptive

Holding that circumstantial evidence may be used to prove a wiretap claim, including actual interception

Holding unconstitutional the prohibition on disclosure of illegally intercepted conversation even though the initial step in the disclosure process, the interception, was illegal and harmful to those whose privacy was invaded

Holding that a statute violates due process for vagueness if “men of common intelligence must necessarily guess at its meaning and differ as to its application”

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"

Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”

Permitting recovery of actual and punitive damages, as well as a reasonable attorney's fee and other costs of litigation reasonably incurred

Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"