§Why CasetextPricing

Fox v. Time, Inc.

RESPONSE to 22 MOTION to Dismiss

44 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. 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"

  3. Lamie v. U.S. Trustee

    540 U.S. 526 (2004)   Cited 2,141 times   13 Legal Analyses
    Holding that courts should not add an "absent word" to a statute

  4. Connecticut Nat. Bank v. Germain

    503 U.S. 249 (1992)   Cited 2,699 times   8 Legal Analyses
    Holding that § 1292 applies also to bankruptcy jurisdiction and is not displaced by § 158(d)

  5. Raines v. Byrd

    521 U.S. 811 (1997)   Cited 1,766 times   10 Legal Analyses
    Holding specifically and only that "individual members of Congress [lack] Article III standing"

  6. Sorrell v. IMS Health Inc.

    564 U.S. 552 (2011)   Cited 506 times   66 Legal Analyses
    Holding that a restriction on "speech result[ing] from an economic motive" is not "a mere commercial regulation"

  7. Department of State v. Ray

    502 U.S. 164 (1991)   Cited 793 times   1 Legal Analyses
    Holding that the appellate court gave "insufficient weight to the fact that" witness interviews taken as part of an investigation "had been conducted pursuant to an assurance of confidentiality"

  8. Doe v. Chao

    540 U.S. 614 (2004)   Cited 483 times   10 Legal Analyses
    Holding a plaintiff must prove causation in order to obtain damages

  9. Hensley Mfg. v. Propride

    579 F.3d 603 (6th Cir. 2009)   Cited 904 times   1 Legal Analyses
    Holding that the fair use defense was ascertainable as a matter of law from the complaint and attached exhibits

  10. Bantam Books, Inc. v. Sullivan

    372 U.S. 58 (1963)   Cited 898 times   2 Legal Analyses
    Holding book distributors had standing to challenge law restricting the sale of certain books

  11. Section 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 2,311 times   42 Legal Analyses
    In §§1681n and 1681o, the Act authorizes consumer suits for money damages against "[a]ny person" who willfully or negligently fails to comply with this directive.

  12. Section 2710 - Wrongful disclosure of video tape rental or sale records

    18 U.S.C. § 2710   Cited 207 times   72 Legal Analyses
    Prohibiting disclosure of "personally identifiable information concerning" consumer of video rental establishment without consent

  13. Section 445.1712 - Record or information concerning purchase, lease, rental, or borrowing of books or other written materials, sound recordings, or video recordings; disclosure of customer identification prohibited; exception

    Mich. Comp. Laws § 445.1712   Cited 43 times   1 Legal Analyses

    (1) Subject to subsection (2) and except as provided in section 3 or as otherwise provided by law, a person, or an employee or agent of the person, engaged in the business of selling at retail, renting, or lending books or other written materials, sound recordings, or video recordings shall not knowingly disclose to any person, other than the customer, a record or information that personally identifies the customer as having purchased, leased, rented, or borrowed those materials from the person engaged

  14. Section 445.257 - Action for damages or equitable relief; amount of recovery; civil fine; attorney's fees and court costs

    Mich. Comp. Laws § 445.257   Cited 38 times
    Granting litigation costs as recoverable damages

  15. Section 445.1711 - Definitions

    Mich. Comp. Laws § 445.1711   Cited 34 times

    As used in this act: (a) "Customer" means an individual who purchases, rents, or borrows a book, other written material, a sound recording, or a video recording. (b) "Employee" means an individual who works for an employer in exchange for wages or other remuneration. (c) "Employer" means a person that has 1 or more employees. (d) "Ordinary course of business" means activities related to the sale, rental, or lending of, or advertising in, materials described in section 2. (e) "Written" includes any

  16. Section 445.1715 - Civil action; damages

    Mich. Comp. Laws § 445.1715   Cited 27 times

    (1) Regardless of any criminal prosecution for the violation, a person that violates this act may be liable in a civil action for damages to a customer under subsection (2). (2) A customer described in subsection (1) who suffers actual damages as a result of a violation of this act may bring a civil action against the person that violated this act and may recover both of the following: (a) The customer's actual damages, including damages for emotional distress. (b) Reasonable costs and attorney fees

  17. Section 445.1713 - Exceptions

    Mich. Comp. Laws § 445.1713   Cited 16 times

    A record or information described in section 2 may be disclosed only in 1 or more of the following circumstances: (a) With the written permission of the customer. (b) Pursuant to a warrant or court order. (c) To the extent reasonably necessary to collect payment for the materials or the rental of the materials, if the customer has received written notice that the payment is due and has failed to pay or arrange for payment within a reasonable time after notice. (d) To any person if the disclosure

  18. Section 14.321 - Actions to obtain declaratory judgment or injunctions; action to recover actual damages; class action; appointing receiver or ordering sequestration of assets; cost of notice; limitation on damages resulting from bona fide error; statute of limitations; asserting defense or counterclaim

    Mich. Comp. Laws § 14.321   Cited 1 times
    Permitting a declaratory judgment to be brought in Michigan state court

  19. Section 256.623 - Definitions; A to D

    Mich. Comp. Laws § 256.623

    As used in this act: (a) "Adult driver training" means instruction that is provided to an individual 18 years of age or older in the operation of a motor vehicle, other than a commercial motor vehicle as defined in section 7a of the Michigan vehicle code, 1949 PA 300, MCL 257.7a. (b) "Behind-the-wheel instruction" means instruction to which either of the following applies: (i) A student is in control of a motor vehicle on a public street or highway in real and varied traffic situations and a driver

  20. Section 445.964 - Action for declaratory judgment or injunction; action for actual damages and attorneys' fees; class action for actual damages; order; appointment of receiver; sequestration of assets; cost of notice to class; effect of bona fide effort; limitations; defense or counterclaim

    Mich. Comp. Laws § 445.964

    (1) Whether or not a person seeks damages or has an adequate remedy at law, a person may bring an action to do either or both of the following: (a) Obtain a declaratory judgment that a method, act, or practice is unlawful under this act. (b) Enjoin in accordance with the principles of equity a person who is engaging or is about to engage in a method, act, or practice which is unlawful under this act. (2) Except in a class action, a person who suffers loss as a result of a violation of this act may