§Why CasetextPricing

Fletcher et al v. Lamone et al

RESPONSE re MOTION to Dismiss for Failure to State a Claim

52 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,044 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 266,932 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,127 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,299 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  5. Jenkins v. McKeithen

    395 U.S. 411 (1969)   Cited 7,593 times
    Holding that in 12(b) motions, material allegations are taken as true and liberally construed in favor of non-moving party

  6. Pegram v. Herdrich

    530 U.S. 211 (2000)   Cited 1,351 times   11 Legal Analyses
    Holding that there was "jurisdiction regardless of the correctness of the removal" because the "amended complaint alleged ERISA violations, over which the federal courts have jurisdiction"

  7. Edwards v. City of Goldsboro

    178 F.3d 231 (4th Cir. 1999)   Cited 6,560 times   2 Legal Analyses
    Holding that First Amendment rights of an off-duty officer communicating about concealed weapons were sufficiently established by precedent regarding off-duty officer's entertainment performances

  8. Hagans v. Lavine

    415 U.S. 528 (1974)   Cited 3,249 times   1 Legal Analyses
    Holding a federal court may sua sponte dismiss a complaint for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b) when the complaint's allegations “are so attenuated and unsubstantial as to be absolutely devoid of merit, wholly insubstantial, obviously frivolous, plainly insubstantial, or no longer open to discussion”

  9. Nemet Chevrolet v. Consumeraffairs.com, Inc.

    591 F.3d 250 (4th Cir. 2009)   Cited 3,047 times   3 Legal Analyses
    Holding that a website did not contribute to alleged illegality

  10. Easley v. Cromartie

    532 U.S. 234 (2001)   Cited 817 times
    Holding that clear error requires a reviewing court be "left with the definite and firm conviction that a mistake has been committed"

  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 346,241 times   923 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 2284 - Three-judge court; when required; composition; procedure

    28 U.S.C. § 2284   Cited 1,789 times   4 Legal Analyses
    Providing for the convention of such a court whenever an action is filed challenging the constitutionality of apportionment of legislative districts

  13. Section 1973c - Transferred

    42 U.S.C. § 1973c   Cited 894 times   1 Legal Analyses
    Setting forth the requirements of § 5