§Why CasetextPricing

Edwards et al v. Snowden et al

MEMORANDUM IN SUPPORT of 13 MOTION to Dismiss Plaintiff's First Amended Complaint

47 Cited authorities

  1. 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

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 29,260 times   144 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"

  3. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 3,044 times   74 Legal Analyses
    Holding that the respondent could not "obtain relief" under § 1125 "without evidence of injury proximately caused by [the petitioner's] alleged misrepresentations"

  4. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 12,244 times   15 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  5. Citizens United v. Fed. Election Comm'n

    558 U.S. 310 (2010)   Cited 1,668 times   72 Legal Analyses
    Holding that disclaimer and disclosure requirements are subject to exacting scrutiny

  6. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,886 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"

  7. Vermont Agency of Nat. Res. v. U.S. ex rel. Stevens

    529 U.S. 765 (2000)   Cited 1,643 times   35 Legal Analyses
    Holding that States are not subject to private FCA actions

  8. Unified School Dist. v. Newdow

    542 U.S. 1 (2004)   Cited 1,234 times   2 Legal Analyses
    Holding that the plaintiff lacked standing because the interests of the plaintiff and the right-holder were "potentially in conflict"

  9. Boyle v. United Technologies Corp.

    487 U.S. 500 (1988)   Cited 1,193 times   32 Legal Analyses
    Holding that where evidence in a civil trial does not suffice to support a jury verdict for plaintiff under a properly formulated defense, judgment may be entered for defendant on appeal despite the fact that defendant did not object to jury instructions "that expressed the defense differently, and in a fashion that would support a verdict"

  10. Leroy v. Great W. United Corp.

    443 U.S. 173 (1979)   Cited 992 times   1 Legal Analyses
    Holding that while “[t]he question of personal jurisdiction, which goes to the court's power to exercise control over the parties, is typically decided in advance of venue, ... a court may reverse the normal order of considering personal jurisdiction and venue”

  11. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,815 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  12. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 29,214 times   200 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  13. Rule 19 - Required Joinder of Parties

    Fed. R. Civ. P. 19   Cited 9,801 times   55 Legal Analyses
    Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

  14. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,949 times   666 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented

  15. Section 292 - False marking

    35 U.S.C. § 292   Cited 572 times   64 Legal Analyses
    Providing cause of action and share of recovery against a person falsely marking patented articles

  16. Section 516 - Conduct of litigation reserved to Department of Justice

    28 U.S.C. § 516   Cited 338 times   1 Legal Analyses
    Granting the Attorney General and the Department of Justice exclusive power to direct litigation involving the United States

  17. Section 81 - Contracts and agreements with Indian tribes

    25 U.S.C. § 81   Cited 206 times
    Granting jurisdiction over action by the United States, as trustee, seeking recovery of money paid by Indian tribe pursuant to unapproved contract relative to tribe's land