67 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,625 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' "
Lamie v. U.S. Trustee
540 U.S. 526 (2004) Cited 2,141 times 13 Legal Analyses
Holding that courts should not add an "absent word" to a statute
Russello v. United States
464 U.S. 16 (1983) Cited 2,096 times 6 Legal Analyses
Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
Reves v. Ernst Young
507 U.S. 170 (1993) Cited 1,412 times 1 Legal Analyses
Holding that the defendant "participates" if he "directs" the pattern of racketeering activity
Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.
545 U.S. 913 (2005) Cited 786 times 31 Legal Analyses
Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”
Ocasio-Hernández v. Fortuño-Burset
640 F.3d 1 (1st Cir. 2011) Cited 2,137 times 1 Legal Analyses
Holding that “an adequate complaint must provide fair notice to the defendants and state a facially plausible legal claim” (citing Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929
Sony Corp. v. Universal City Studios, Inc.
464 U.S. 417 (1984) Cited 968 times 27 Legal Analyses
Holding identical copying of videotapes under unique circumstances of case “[did] not have its ordinary effect of militating against a finding of fair use”
Rice v. Santa Fe Elevator Corp.
331 U.S. 218 (1947) Cited 2,165 times 11 Legal Analyses
Holding that the clear statement rule may be satisfied where "the Act of Congress ... touch[es] a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject."
Negusie v. Holder
555 U.S. 511 (2009) Cited 216 times 1 Legal Analyses
Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar
Shaw v. Digital Equipment Corp.
82 F.3d 1194 (1st Cir. 1996) Cited 1,007 times 8 Legal Analyses
Holding that the bespeaks caution doctrine does not apply to representations of "present facts" that were false when made
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 15,876 times 60 Legal Analyses
Specifying prohibited activities
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 14,951 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,344 times 174 Legal Analyses
Recognizing the United States' adherence to provisions of the Berne Convention of 1886
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,746 times 107 Legal Analyses
Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”
Section 1591 - Sex trafficking of children or by force, fraud, or coercion
18 U.S.C. § 1591 Cited 2,605 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"
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"
Section 1955 - Prohibition of illegal gambling businesses
18 U.S.C. § 1955 Cited 1,103 times 9 Legal Analyses
Conducting an illegal gambling business
Section 230 - Protection for private blocking and screening of offensive material
47 U.S.C. § 230 Cited 1,018 times 167 Legal Analyses
Limiting liability
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"
Section 512 - Limitations on liability relating to material online
17 U.S.C. § 512 Cited 571 times 185 Legal Analyses
Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"

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

67 Cited authorities

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' "

Holding that courts should not add an "absent word" to a statute

Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"

Holding that the defendant "participates" if he "directs" the pattern of racketeering activity

Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”

Holding that “an adequate complaint must provide fair notice to the defendants and state a facially plausible legal claim” (citing Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929

Holding identical copying of videotapes under unique circumstances of case “[did] not have its ordinary effect of militating against a finding of fair use”

Holding that the clear statement rule may be satisfied where "the Act of Congress ... touch[es] a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject."

Holding that Fedorenko's rule that voluntariness is irrelevant to culpability with respect to the DPA's persecutor bar need not be applied to the analogous INA persecutor bar

Holding that the bespeaks caution doctrine does not apply to representations of "present facts" that were false when made

Specifying prohibited activities

Defining what the terms “person” and “enterprise” include

Recognizing the United States' adherence to provisions of the Berne Convention of 1886

Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

Defining "minor" as "any person under the age of 18 years"

Conducting an illegal gambling business

Limiting liability

Authorizing lawsuits against those who "benefit ... from participation in a [trafficking] venture"

Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"