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De Jaray v. Attorney General of Canada For Her Majesty The Queen et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

70 Cited authorities

  1. 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

  2. United States v. Gaubert

    499 U.S. 315 (1991)   Cited 2,457 times   1 Legal Analyses
    Holding that the discretionary function exception only protects actions “grounded in the policy of the regulatory regime”

  3. Starr v. Baca

    652 F.3d 1202 (9th Cir. 2011)   Cited 5,625 times   2 Legal Analyses
    Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff

  4. Sosa v. Alvarez-Machain

    542 U.S. 692 (2004)   Cited 1,208 times   16 Legal Analyses
    Holding that no "private cause of action" had been Congressionally authorized, and thus, plaintiff was "not entitled to a remedy"

  5. Manzarek v. Marine

    519 F.3d 1025 (9th Cir. 2008)   Cited 2,986 times   1 Legal Analyses
    Holding that in evaluating a complaint on a motion to dismiss, the court “accept factual allegations in the complaint as true and construe the pleadings in the light most favorable to the nonmoving party”

  6. United States v. Varig Airlines

    467 U.S. 797 (1984)   Cited 1,580 times   1 Legal Analyses
    Holding that the FAA's alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spot-check program involved “calculated risks” but fell “squarely within the discretionary function exception”

  7. Mendiondo v. Centinela

    521 F.3d 1097 (9th Cir. 2008)   Cited 2,086 times   2 Legal Analyses
    Holding that the heightened pleading requirements of Rule 9(b) do not apply

  8. MedellÍn v. Texas

    552 U.S. 491 (2008)   Cited 506 times   6 Legal Analyses
    Holding that President George W. Bush's memorandum in response to an international court's decision was "not a rule of domestic law binding in state and federal courts"

  9. Argentine Republic v. Amerada Hess Shipping

    488 U.S. 428 (1989)   Cited 932 times   8 Legal Analyses
    Holding the Foreign Sovereign Immunities Act of 1976 barred ATS suits against foreign governments

  10. Samantar v. Yousuf et al.

    560 U.S. 305 (2010)   Cited 394 times   2 Legal Analyses
    Holding that the common law, rather than the FSIA, governs the immunity of foreign officials

  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. Section 2680 - Exceptions

    28 U.S.C. § 2680   Cited 7,884 times   12 Legal Analyses
    Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA

  14. Section 1605 - General exceptions to the jurisdictional immunity of a foreign state

    28 U.S.C. § 1605   Cited 1,954 times   55 Legal Analyses
    Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991

  15. Section 1602 - Findings and declaration of purpose

    28 U.S.C. § 1602   Cited 1,472 times   19 Legal Analyses
    Setting forth Congressional findings and the purposes of FSIA

  16. Section 1603 - Definitions

    28 U.S.C. § 1603   Cited 1,390 times   7 Legal Analyses
    Recognizing that a state "includes [its] political subdivision"

  17. Section 1350 - Alien's action for tort

    28 U.S.C. § 1350   Cited 1,193 times   64 Legal Analyses
    Granting district courts jurisdiction over "any civil action . . . for a tort only, committed in violation of the law of nations"

  18. Section 1604 - Immunity of a foreign state from jurisdiction

    28 U.S.C. § 1604   Cited 1,153 times   10 Legal Analyses
    Granting immunity to foreign states, their agencies, and their instrumentalities