§Why CasetextPricing

Draper et al v. Healey

MEMORANDUM in Support re MOTION to Dismiss

96 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,709 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 266,625 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' "

  3. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,152 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

  4. Clapper v. Amnesty Int'l USA

    568 U.S. 398 (2013)   Cited 3,054 times   169 Legal Analyses
    Holding that respondents could not establish injury by relying on a "speculative chain of possibilities"

  5. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,440 times   8 Legal Analyses
    Holding that sovereign immunity prohibits federal courts from "instruct[ing] state officials on how to conform their conduct to state law"

  6. District of Columbia et al. v. Heller

    554 U.S. 570 (2008)   Cited 3,463 times   50 Legal Analyses
    Holding it irrelevant to the constitutionality of D.C.'s "handgun" ban that the law allowed citizens the possession of substitutes, like "long guns"

  7. McDonald v. City of Chicago

    561 U.S. 742 (2010)   Cited 2,279 times   21 Legal Analyses
    Holding that the Second Amendment applies to the states, through incorporation under the Fourteenth Amendment

  8. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,862 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  9. United States v. Salerno

    481 U.S. 739 (1987)   Cited 5,399 times   14 Legal Analyses
    Holding that "extensive safeguards" are necessary "to repel a facial challenge"

  10. U.S. v. Williams

    553 U.S. 285 (2008)   Cited 1,607 times   10 Legal Analyses
    Holding that solicitation is "categorically excluded from First Amendment protection"

  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 345,885 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,205 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,486 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  14. 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

  15. Section 140:122 - Licenses; contents; fingerprints of applicants; procedure on refusal of license; fees; punishment for improper issuance

    Mass. Gen. Laws ch. 140 § 122   Cited 11 times

    The chief of police or the board or officer having control of the police in a city or town, or persons authorized by them, may, after an investigation into the criminal history of the applicant to determine eligibility for a license under this section, grant a license to any person except an alien, a minor, a person who has been adjudicated a youthful offender, as defined in section fifty-two of chapter one hundred and nineteen, including those who have not received an adult sentence or a person

  16. Section 209 - Poisons; book entry of sale; labels

    21 U.S.C. § 209   Cited 3 times

    It shall be unlawful for any person, firm, or corporation whose permanent allegiance is due to the United States to sell or deliver to any other person any of the following-described substances, or any poisonous compound, combination, or preparation thereof, to wit: The compounds of and salts of antimony, arsenic, barium, chromium, copper, gold, lead, mercury, silver, and zinc, the caustic hydrates of sodium and potassium, solution or water of ammonia, methyl alcohol, paregoric, the concentrated

  17. Section 140:128A - Application of sec. 128

    Mass. Gen. Laws ch. 140 § 128A   Cited 3 times

    The provisions of section one hundred and twenty-eight shall not apply to any person who, without being licensed as provided in section one hundred and twenty-two, sells or transfers a firearm, rifle or shotgun to a person licensed under said section one hundred and twenty-two, or to a federally licensed firearms dealer or to a federal, state or local historical society, museum or institutional collection open to the public. The provisions of section one hundred and twenty-eight shall not apply to

  18. Section 871 - Fire protection

    30 U.S.C. § 871   Cited 1 times

    (a) Firefighting equipment; promulgation of minimum requirements for equipment; existing requirements; examinations after blasting Each coal mine shall be provided with suitable firefighting equipment adapted for the size and conditions of the mine. The Secretary shall establish minimum requirements for the type, quality, and quantity of such equipment, and the interpretations of the Secretary or the Director of the United States Bureau of Mines relating to such equipment in effect on the operative

  19. Section 321 - Signs identifying funding sources

    23 U.S.C. § 321

    If a State has a practice of erecting on projects under actual construction without Federal-aid highway assistance signs which indicate the source or sources of any funds used to carry out such projects, such State shall erect on all projects under actual construction with any funds made available out of the Highway Trust Fund (other than the Mass Transit Account) signs which are visible to highway users and which indicate each governmental source of funds being used to carry out such federally assisted

  20. Section 255B:15 - Full payment by buyer; duty of holder of retail instalment contract

    Mass. Gen. Laws ch. 255B § 15

    After the payment of all sums for which the buyer is obligated under a retail instalment contract, the holder of such contract shall mail to the buyer at his last known address, good and sufficient instruments to indicate payment in full and to release all security in the motor vehicle. Mass. Gen. Laws ch. 255B, § 15