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De LA Fuente et al v. Merrill (Joint Assign)

BRIEF/MEMORANDUM in Opposition re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

16 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 279,746 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. Turner Broadcasting System, Inc. v. Federal Communications Commission

    512 U.S. 622 (1994)   Cited 1,334 times   7 Legal Analyses
    Holding that rules that distinguish "based only upon the manner in which speakers transmit their messages to viewers, and not upon the messages they carry" are content-neutral

  4. Powell v. McCormack

    395 U.S. 486 (1969)   Cited 3,160 times   1 Legal Analyses
    Holding that the obviation of the petitioner's claim for injunctive relief did not render the whole case moot, when a damages claim for backpay remained

  5. Anderson v. Celebrezze

    460 U.S. 780 (1983)   Cited 1,549 times   1 Legal Analyses
    Holding that Ohio statute requiring independent candidates to file statements of candidacy by March to appear on November ballot was unconstitutional

  6. U.S. Term Limits, Inc. v. Thornton

    514 U.S. 779 (1995)   Cited 352 times
    Holding that "a state amendment" regulating ballot access "is unconstitutional when it has the likely effect of handicapping a class of candidates and has the sole purpose of creating additional qualifications indirectly"

  7. American Party of Texas v. White

    415 U.S. 767 (1974)   Cited 501 times
    Holding that it is not invidious discrimination for a state to grant minor parties official recognition, but deny them the right to hold primaries even though the main political parties are so entitled

  8. Rivell v. Private

    520 F.3d 1308 (11th Cir. 2008)   Cited 276 times   1 Legal Analyses

    No. 07-12387. March 24, 2008. Jay D. Brownstein, Brownstein, Nguyen Little, LLP, Tucker, GA, Kevin S. Little, Brownstein, Nguyen Little, LLP, Atlanta, GA, for Plaintiffs-Appellants. Christopher E. Parker, Mozley, Finlayson Loggins, LLP, Ronald J. Stay, Jr., Stites Harbison, PLLC, Atlanta, GA, David E. Hudson, Hull, Towell, Norman, Barrett Salley, PC, Augusta, GA, for Defendants-Appellees. Appeal from the United States District Court for the Southern District of Georgia. Before ANDERSON, BLACK and

  9. Sosa v. Coleman

    646 F.2d 991 (5th Cir. 1981)   Cited 152 times
    Holding that under Florida law the issue of proximate cause is a factual question that must be submitted to the jury unless the facts are susceptible of only one inference

  10. Quincy Cable TV, Inc. v. Federal Communications Commission

    768 F.2d 1434 (D.C. Cir. 1985)   Cited 61 times
    Referring to "[t]his petition," thereby implying the court was reviewing a distinct petition from the petition in Quincy Cable I

  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 361,353 times   960 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 163,831 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 17-9-3 - Persons entitled to have names printed on ballots; failure of Secretary of State to certify nominations

    Ala. Code § 17-9-3   Cited 7 times

    (a) The following persons shall be entitled to have their names printed on the appropriate ballot for the general election, provided they are otherwise qualified for the office they seek: (1) All candidates who have been put in nomination by primary election and certified in writing by the chair and secretary of the canvassing board of the party holding the primary and filed with the judge of probate of the county, in the case of a candidate for county office, and the Secretary of State in all other