§Why CasetextPricing

D'Agostino et al v. Patrick et al

MEMORANDUM in Support re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

41 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,360 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,336 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Will v. Michigan Dept. of State Police

    491 U.S. 58 (1989)   Cited 24,035 times
    Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute

  4. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,389 times   8 Legal Analyses
    Holding that sovereign immunity prohibits federal courts from "instruct[ing] state officials on how to conform their conduct to state law"

  5. Roberts v. United States Jaycees

    468 U.S. 609 (1984)   Cited 1,999 times   7 Legal Analyses
    Holding that infringement of the right to associate "may be justified by regulations adopted to serve compelling state interests, unrelated to the suppression of ideas, that cannot be achieved through means significantly less restrictive of associational freedoms"

  6. Vaca v. Sipes

    386 U.S. 171 (1967)   Cited 4,170 times   2 Legal Analyses
    Holding that, under the LMRA, an "individual employee has absolute right to have his grievance taken to arbitration regardless of the provisions of the applicable collective bargaining agreement"

  7. Rumsfeld v. Forum for Academic

    547 U.S. 47 (2006)   Cited 804 times   9 Legal Analyses
    Holding that nothing about having military recruiters on campus "suggests that law schools agree with any speech by recruiters"

  8. Babbitt v. Farm Workers

    442 U.S. 289 (1979)   Cited 1,854 times
    Holding a case justiciable even though the plaintiffs disavowed any intent to "propagate untruths"

  9. Boy Scouts of America v. Dale

    530 U.S. 640 (2000)   Cited 476 times   3 Legal Analyses
    Holding that the Boy Scouts' freedom of expressive association was violated by a state law requiring the organization to admit a homosexual scoutmaster

  10. University of Pennsylvania v. Equal Employment Opportunity Commission

    493 U.S. 182 (1990)   Cited 630 times   1 Legal Analyses
    Holding that plaintiff university failed to make out a cognizable First Amendment claim in light of speculative, attenuated, and remote harm

  11. Section 1253 - Direct appeals from decisions of three-judge courts

    28 U.S.C. § 1253   Cited 454 times   3 Legal Analyses
    Granting the right to directly appeal certain three-judge district court orders to the Supreme Court

  12. Section 179A.07 - RIGHTS AND OBLIGATIONS OF EMPLOYERS

    Minn. Stat. § 179A.07   Cited 25 times
    Listing inherent managerial policy matters and exempting such matters from meet and confer requirements

  13. Section 9858b - Lead agency

    42 U.S.C. § 9858b   Cited 3 times
    Requiring a lead agency and outlining its duties

  14. Section 98.11 - Administration under contracts and agreements

    45 C.F.R. § 98.11   Cited 1 times

    (a) The Lead Agency has broad authority to administer the program through other governmental or non-governmental agencies. In addition, the Lead Agency can use other public or private local agencies to implement the program; however: (1) The Lead Agency shall retain overall responsibility for the administration of the program, as defined in paragraph (b) of this section; (2) The Lead Agency shall serve as the single point of contact for issues involving the administration of the grantee's CCDF program;