§Why CasetextPricing

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

REPLY to Response to 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

43 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,013 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  2. Russello v. United States

    464 U.S. 16 (1983)   Cited 2,100 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"

  3. Reno v. American Civil Liberties Union

    521 U.S. 844 (1997)   Cited 991 times   13 Legal Analyses
    Holding parts of § 223 unconstitutional under the First Amendment

  4. United States v. X-Citement Video, Inc.

    513 U.S. 64 (1994)   Cited 785 times   7 Legal Analyses
    Holding that because "the age of the performers is the crucial element separating legal innocence from wrongful conduct" under a child-pornography statute, the statute requires that the defendant have knowledge of the performer's age

  5. Doe v. Myspace

    528 F.3d 413 (5th Cir. 2008)   Cited 770 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

  6. 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

  7. Smith v. California

    361 U.S. 147 (1959)   Cited 897 times   2 Legal Analyses
    Holding statute imposing strict liability for possession of obscene book in bookstore is unconstitutional

  8. Commonwealth v. Zanetti

    454 Mass. 449 (Mass. 2009)   Cited 279 times
    Finding no need for specific unanimity in joint venture cases as to liability as a principal or a joint venturer, and noting that “[t]he inevitable risk posed by special verdict slips is a greater number of mistrials arising from hung juries, because jurors may all agree that the defendant knowingly participated in the commission of the crime but differ as to whether he did so as a principal or a joint venturer”

  9. Universal v. Lycos

    478 F.3d 413 (1st Cir. 2007)   Cited 161 times   7 Legal Analyses
    Holding that website operator did not become information content provider “merely because the ‘construct and operation’ of the web site might have some influence on the content of the postings” or because website simply “provided ‘culpable assistance’ to subscribers wishing to disseminate misinformation”

  10. Doe v. GTE Corp.

    347 F.3d 655 (7th Cir. 2003)   Cited 165 times   2 Legal Analyses
    Holding that a plaintiff need not try to plead around affirmative defenses

  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 347,976 times   926 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

    18 U.S.C. § 1591   Cited 2,639 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"

  13. Section 2255 - Civil remedy for personal injuries

    18 U.S.C. § 2255   Cited 1,663 times   7 Legal Analyses
    Defining "minor" as "any person under the age of 18 years"

  14. Section 1595 - Civil remedy

    18 U.S.C. § 1595   Cited 639 times   12 Legal Analyses
    Authorizing lawsuits against those who "benefit ... from participation in a [trafficking] venture"

  15. Section 512 - Limitations on liability relating to material online

    17 U.S.C. § 512   Cited 575 times   186 Legal Analyses
    Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"

  16. Section 265:51 - Trafficking of persons for forced services; penalty

    Mass. Gen. Laws ch. 265 § 51   Cited 4 times

    (a) Whoever knowingly: (i) subjects, or attempts to subject, another person to forced services, or recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person, intending or knowing that such person will be subjected to forced services; or (ii) benefits, financially or by receiving anything of value, as a result of a violation of clause (i), shall be guilty of trafficking of persons for

  17. Section 265:52 - Second or subsequent violations; penalty

    Mass. Gen. Laws ch. 265 § 52   Cited 1 times

    (a) Whoever, after having been convicted of or adjudicated delinquent by reason of a violation of section 50 or 51, commits a second or subsequent violation of either section 50 or 51, shall be punished by imprisonment in the state prison for life or for any term of years, but not less than 10 years. Such sentence shall not be reduced to less than 10 years, or suspended, nor shall any person convicted under this section be eligible for probation, parole, work release or furlough or receive any deduction