91 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,100 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,127 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
Erickson v. Pardus
551 U.S. 89 (2007) Cited 65,323 times 3 Legal Analyses
Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
Monell v. New York City Dept. of Social Services
436 U.S. 658 (1978) Cited 69,917 times 15 Legal Analyses
Holding that "local government ... are 'persons'" for purposes of 42 U.S.C. § 1983
Graham v. Connor
490 U.S. 386 (1989) Cited 26,279 times 26 Legal Analyses
Holding that the reasonableness of force deployed during an arrest is judged using the "facts and circumstances of each particular case" from the perspective of "a reasonable officer on the scene"
Will v. Michigan Dept. of State Police
491 U.S. 58 (1989) Cited 25,234 times
Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute
County of Sacramento v. Lewis
523 U.S. 833 (1998) Cited 9,020 times 7 Legal Analyses
Holding that "only a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct shocking to the conscience, necessary for a due process violation"
Daniels v. Williams
474 U.S. 327 (1986) Cited 13,086 times 5 Legal Analyses
Holding that "the Due Process Clause [of the Fourteenth Amendment] is simply not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty, or property"
Pennhurst State School Hosp. v. Halderman
465 U.S. 89 (1984) Cited 13,976 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"
Rizzo v. Goode
423 U.S. 362 (1976) Cited 13,680 times
Holding that plaintiffs lacked standing to obtain injunctive relief against senior police officials to impose tighter police discipline to prevent harm to civilians
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 506,346 times 709 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
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 361,853 times 961 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,069 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1367 - Supplemental jurisdiction
28 U.S.C. § 1367 Cited 64,994 times 81 Legal Analyses
Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,576 times 180 Legal Analyses
Recognizing the United States' adherence to provisions of the Berne Convention of 1886
Section Amendment XI - Suits Against States
U.S. Const. amend. XI Cited 6,242 times
Granting states immunity from cases "against one of the United States"
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,924 times 111 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 1127 - Construction and definitions; intent of chapter
15 U.S.C. § 1127 Cited 3,028 times 99 Legal Analyses
Granting standing under § 1114 to the legal representative of the registrant of a trademark
Section 201 - Ownership of copyright
17 U.S.C. § 201 Cited 969 times 27 Legal Analyses
Providing that copyright in a work "vests initially in the author"
Section 204 - Execution of transfers of copyright ownership
17 U.S.C. § 204 Cited 495 times 15 Legal Analyses
Requiring that a transfer of copyright ownership must be made in a signed writing

Editorial Panamericana, Inc. et al v. The Commonwealth of Puerto Rico Department of Education et al

91 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Holding that "local government ... are 'persons'" for purposes of 42 U.S.C. § 1983

Holding that the reasonableness of force deployed during an arrest is judged using the "facts and circumstances of each particular case" from the perspective of "a reasonable officer on the scene"

Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute

Holding that "only a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct shocking to the conscience, necessary for a due process violation"

Holding that "the Due Process Clause [of the Fourteenth Amendment] is simply not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty, or property"

Holding that sovereign immunity prohibits federal courts from "instruct[ing] state officials on how to conform their conduct to state law"

Holding that plaintiffs lacked standing to obtain injunctive relief against senior police officials to impose tighter police discipline to prevent harm to civilians

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

Granting states immunity from cases "against one of the United States"

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”

Granting standing under § 1114 to the legal representative of the registrant of a trademark

Providing that copyright in a work "vests initially in the author"

Requiring that a transfer of copyright ownership must be made in a signed writing