§Why CasetextPricing

Doe (1) et al v. Backpage.com, LLC et al

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

87 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 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 266,542 times   365 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. Nemet Chevrolet v. Consumeraffairs.com, Inc.

    591 F.3d 250 (4th Cir. 2009)   Cited 3,041 times   3 Legal Analyses
    Holding that a website did not contribute to alleged illegality

  4. Doe v. Myspace

    528 F.3d 413 (5th Cir. 2008)   Cited 762 times   5 Legal Analyses
    Holding that CDA bars claims for negligence and gross negligence in not preventing a 13 year old girl from lying about her age to create a personal profile that led to contact by a sexual predator

  5. S.E.C. v. Tambone

    597 F.3d 436 (1st Cir. 2010)   Cited 528 times   7 Legal Analyses
    Reinstating portions of withdrawn panel opinion

  6. Johnson v. Arden

    614 F.3d 785 (8th Cir. 2010)   Cited 377 times
    Holding that Colorado defendant who posted an allegedly defamatory statement online about the Missouri plaintiff's business "does not create the type of substantial connection between [the defendant] and Missouri necessary to confer specific personal jurisdiction"

  7. Greebel v. FTP Software, Inc.

    194 F.3d 185 (1st Cir. 1999)   Cited 521 times   2 Legal Analyses
    Holding plaintiffs' failure to provide information regarding sales made by insiders at times outside the class period permitted no possibility of comparison

  8. A.G. v. Elsevier, Inc.

    732 F.3d 77 (1st Cir. 2013)   Cited 317 times   1 Legal Analyses
    Holding that “[w]hen allegations, though disguised as factual, are so threadbare that they omit any meaningful factual content, we will treat them as what they are: naked conclusions” that cannot help a party pass the plausibility test

  9. Alternative System Concepts, Inc. v. Synopsys

    374 F.3d 23 (1st Cir. 2004)   Cited 382 times   1 Legal Analyses
    Holding that a party could not avoid judicial estoppel by failing to discover "readily available" information

  10. Fair v. Roommates

    521 F.3d 1157 (9th Cir. 2008)   Cited 316 times   27 Legal Analyses
    Holding defendant liable for developing content by “not merely ... augmenting the content generally, but ... materially contributing to its alleged unlawfulness” when it required subscribers to provide information which enabled users of site to unlawfully discriminate in selecting a roommate

  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 345,805 times   922 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,918 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,332 times   174 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  14. Section 1957 - Engaging in monetary transactions in property derived from specified unlawful activity

    18 U.S.C. § 1957   Cited 3,260 times   41 Legal Analyses
    Finding an error in the trial court's jury instructions harmless "[b]ecause overwhelming evidence support[ed] the jury's finding" of guilt

  15. Section 1591 - Sex trafficking of children or by force, fraud, or coercion

    18 U.S.C. § 1591   Cited 2,604 times   21 Legal Analyses
    Defining serious harm as "any harm, whether physical or nonphysical, including psychological [or] financial . . . harm, that is sufficiently serious . . . to compel a reasonable person of the same background and in the same circumstances to perform . . . commercial sexual activity in order to avoid incurring that harm"

  16. Section 2255 - Civil remedy for personal injuries

    18 U.S.C. § 2255   Cited 1,657 times   7 Legal Analyses
    Defining "minor" as "any person under the age of 18 years"

  17. Section 93A:2 - Unfair practices; legislative intent; rules and regulations

    Mass. Gen. Laws ch. 93A § 2   Cited 1,308 times   18 Legal Analyses
    Granting Massachusetts attorney general the authority to make rules and regulations interpreting section 2

  18. Section 230 - Protection for private blocking and screening of offensive material

    47 U.S.C. § 230   Cited 1,017 times   167 Legal Analyses
    Limiting liability

  19. Section 93A:9 - Civil actions and remedies; class action; demand for relief; damages; costs; exhausting administrative remedies

    Mass. Gen. Laws ch. 93A § 9   Cited 898 times   10 Legal Analyses
    Requiring on its face that the "written demand" must "reasonably describ[e] the unfair or deceptive act or practice relied upon and the injury suffered"

  20. Section 1595 - Civil remedy

    18 U.S.C. § 1595   Cited 627 times   12 Legal Analyses
    Authorizing lawsuits against those who "benefit ... from participation in a [trafficking] venture"