§Why CasetextPricing

Hettinga et al v. United States of America

RESPONSE re Reply to opposition to Motion to Dismiss

34 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 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

  2. Federal Communications Commission v. Beach Communications, Inc.

    508 U.S. 307 (1993)   Cited 2,261 times   7 Legal Analyses
    Holding that a law survives rational basis review so long as there is "any reasonably conceivable state of facts that could provide a rational basis for the classification"

  3. Romer v. Evans

    517 U.S. 620 (1996)   Cited 1,269 times   13 Legal Analyses
    Holding unlawful a state law that precluded local ordinances from protecting homosexuals from discrimination because it "seems inexplicable by anything but animus toward the class it affects"

  4. United States v. James Daniel Good Real Property

    510 U.S. 43 (1993)   Cited 1,050 times   9 Legal Analyses
    Holding that the government's continued retention of property after seizure must comply with the Due Process Clause

  5. Browning v. Clinton

    292 F.3d 235 (D.C. Cir. 2002)   Cited 1,342 times
    Holding that when a tortious interference claim is based solely on allegedly defamatory remarks, it is "intertwined" with plaintiff's defamation claim and therefore subject to the same one-year statute of limitations

  6. E.E.O.C. v. St. Francis Xavier Parochial

    117 F.3d 621 (D.C. Cir. 1997)   Cited 1,298 times
    Holding that question of whether defendant was a covered entity under ADA is not jurisdictional, but merits related

  7. Robertson v. Seattle Audubon Society

    503 U.S. 429 (1992)   Cited 210 times
    Holding that an amendment to governing law allowing timber harvesting in old growth forest under certain conditions and providing that compliance with those conditions would satisfy the statutory requirements at issue in two existing cases "compelled changes in law, not findings or results under old law"

  8. Marshall County Health Care Auth. v. Shalala

    988 F.2d 1221 (D.C. Cir. 1993)   Cited 415 times
    Holding that in agency review context there was no real distinction between questions presented in Rule 12(b) motion to dismiss and motion for summary judgment

  9. Seariver Maritime Financial Holdings v. Mineta

    309 F.3d 662 (9th Cir. 2002)   Cited 232 times
    Holding that focus on removing a particular tank vessel from the Prince William Sound did not evince a punitive purpose because it was reasonable to conclude that prompt action with respect to that vessel in particular was necessary

  10. U.S. v. Rock Royal Co-op

    307 U.S. 533 (1939)   Cited 372 times
    Holding that "a requirement of such approval [by a private vote] would not be an invalid delegation" because "Congress had the power to put [the Secretary's] Order into effect without the approval of anyone" (citing Currin , 306 U.S. at 15, 59 S.Ct. 379 )

  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 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,078 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."

  13. Section 608c - Orders

    7 U.S.C. § 608c   Cited 335 times
    Allowing handlers subject to a marketing order to petition for modification or exemption from an order that is inconsistent with the statute

  14. Section 608 - Powers of Secretary

    7 U.S.C. § 608   Cited 59 times
    Stating that in order to "accomplish the expedited implementation of these amendments . . . the Secretary of Agriculture shall include in the pool distributing plan provisions of each Federal milk marketing order . . . a provision that a handler described in subparagraph (M) of such section, . . . will be fully regulated by the order in which the handler's distributing plant is located"

  15. Section 258-M - Orders fixing prices for milk and marketing agreements

    N.Y. Agric. & Mkts. Law § 258-M   Cited 9 times

    1. Upon the petition of a producers' bargaining agency of the production area supplying a marketing area, such agency representing at least thirty-five per centum of the producers of milk therein, alleging the existence of conditions so affecting the orderly marketing of milk in such area that public interest requires regulation of prices of milk in such area and equalization of the burden of surplus milk and expense of handling it, and sharing the benefits of the fluid market in order that the public

  16. Section 700j-101 - Legislative purpose

    31 Pa. Stat. § 700j-101   Cited 6 times

    In the exercise of the police power of the Commonwealth, it is hereby declared that the production, transportation, manufacture, processing, storage, distribution, and sale of milk in the Commonwealth is a business affecting the public health and affected with a public interest, and it is hereby declared that this act shall be and is hereby enacted for the purpose of regulating and controlling the milk industry in this Commonwealth, for the protection of the public health and welfare and for the

  17. Section 157-1 - Definitions

    Haw. Rev. Stat. § 157-1

    "Board" means the board of agriculture, department of agriculture. "Buttermilk" or "cultured buttermilk" means a fluid product resulting from the souring or treatment, by means of a lactic acid or other culture, of pasteurized skim milk or pasteurized reconstituted skim milk. It contains not less than 8.25 per cent nonfat milk solids. "Class I milk" includes all Hawaii-produced fresh milk or fresh milk constituents to be utilized in fluid form for human consumption, including pasteurized milk, cream

  18. Section 81-23-101 - Definitions

    Mont. Code § 81-23-101

    (1) Unless the context requires otherwise, in this chapter, the following definitions apply: (a) "Board" means the board of milk control provided for in 2-15-3105. (b) (i) "Class" refers to the classes of utilization of milk that the board defines by rule. (ii) In adopting rules under this subsection (1)(b), the board shall use the current definitions of classes of utilization of milk that are found in 7 CFR, part 1000.40 , except that the board may combine any of the classes of milk provided for

  19. Section 2901 - Definitions (REPEALED)

    Me. Stat. tit. 7 § 2901

    7 M.R.S. § 2901 1969, c. 41, § 1 (AMD) . 1971, c. 164, §§1-12 (AMD) . 1977, c. 31, (AMD) . 1979, c. 541, §§A72,A73 (AMD) . 1979, c. 672, §§A30-33 (AMD) . 1981, c. 315, §§1-6 (AMD) . 1987, c. 700, § 1 (AMD) . 1987, c. 874, § 1 (AMD) . 1997, c. 639, § 1 (AMD) . 1999, c. 362, §§2-6 (AMD) . 1999, c. 418, § 1 (AMD) . 1999, c. 679, §A2 (RP) .

  20. Section 4-147-03 - [Repealed]

    N.D. Cent. Code § 4-147-03

    N.D.C.C. § 4-147-03 Repealed by omission from this code.