§Why CasetextPricing

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

MOTION to Dismiss for Failure to State a Claim

91 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,352 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 268,138 times   366 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 62,068 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"

  4. Monell v. New York City Dept. of Social Services

    436 U.S. 658 (1978)   Cited 67,421 times   15 Legal Analyses
    Holding that "local government . . . are 'persons'" for purposes of 42 U.S.C. § 1983

  5. Graham v. Connor

    490 U.S. 386 (1989)   Cited 25,377 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"

  6. Will v. Michigan Dept. of State Police

    491 U.S. 58 (1989)   Cited 24,272 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

  7. County of Sacramento v. Lewis

    523 U.S. 833 (1998)   Cited 8,734 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"

  8. Daniels v. Williams

    474 U.S. 327 (1986)   Cited 12,776 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"

  9. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,510 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"

  10. Rizzo v. Goode

    423 U.S. 362 (1976)   Cited 13,350 times
    Holding that plaintiffs lacked standing to obtain injunctive relief against senior police officials to impose tighter police discipline to prevent harm to civilians

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 489,145 times   693 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. 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 347,588 times   925 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,123 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 62,116 times   78 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"

  15. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,369 times   175 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  16. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,758 times   108 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”

  17. Section Amendment XI - Suits Against States

    U.S. Const. amend. XI   Cited 5,994 times
    Granting states immunity from cases "against one of the United States"

  18. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 2,948 times   95 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  19. Section 201 - Ownership of copyright

    17 U.S.C. § 201   Cited 949 times   26 Legal Analyses
    Providing that copyright in a work "vests initially in the author"

  20. Section 204 - Execution of transfers of copyright ownership

    17 U.S.C. § 204   Cited 490 times   15 Legal Analyses
    Requiring that a transfer of copyright ownership must be made in a signed writing