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Jacoby & Meyers, LLP et al v. Schneiderman et al

MEMORANDUM OF LAW in Opposition re: 115 THIRD MOTION to Dismiss for Lack of Jurisdiction.. Document

84 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,791 times   369 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. Cleburne v. Cleburne Living Center, Inc.

    473 U.S. 432 (1985)   Cited 10,052 times   5 Legal Analyses
    Holding that mental disability is not a quasi-suspect class

  3. Younger v. Harris

    401 U.S. 37 (1971)   Cited 17,558 times   14 Legal Analyses
    Holding that it was improper for the district court in that case to enjoin a state prosecution against Younger, in light of "the national policy forbidding federal courts to stay or enjoin pending state court proceedings except under special circumstances"

  4. Medimmune, Inc. v. GenenTech, Inc.

    549 U.S. 118 (2007)   Cited 2,663 times   91 Legal Analyses
    Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"

  5. Wilton v. Seven Falls Co.

    515 U.S. 277 (1995)   Cited 4,431 times   7 Legal Analyses
    Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test

  6. Colorado River Water Cons. Dist. v. U.S.

    424 U.S. 800 (1976)   Cited 8,411 times   13 Legal Analyses
    Holding that, in limited circumstances, federal courts should abstain from deciding a case when there are related proceedings pending in state court

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

    558 U.S. 310 (2010)   Cited 1,670 times   72 Legal Analyses
    Holding that disclaimer and disclosure requirements are subject to exacting scrutiny

  8. Wash. State Grange v. Wa. State Repub. Party

    552 U.S. 442 (2008)   Cited 1,345 times   5 Legal Analyses
    Holding that courts should neither "anticipate a question of constitutional law in advance of the necessity of deciding it" nor "formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied"

  9. Monsanto Co. v. Geertson Seed Farms

    561 U.S. 139 (2010)   Cited 1,220 times   14 Legal Analyses
    Holding that plaintiffs, alfalfa farmers, had standing based on a causal chain, though plaintiffs did not identify particular alfalfa plants that had been, or would necessarily be, pollinated by bees who carried the genetically engineered gene at issue

  10. Gideon v. Wainwright

    372 U.S. 335 (1963)   Cited 8,490 times   23 Legal Analyses
    Holding that the Sixth Amendment requires counsel in all state felony prosecutions

  11. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 37,509 times   150 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  12. Section 478 - Practicing or appearing as attorney-at-law without being admitted and registered

    N.Y. Jud. Law § 478   Cited 206 times
    Making it unlawful for persons who have not been admitted to practice law to appear as or hold themselves out as attorneys

  13. Section 470 - Attorneys having offices in this state may reside in adjoining state

    N.Y. Jud. Law § 470   Cited 98 times   2 Legal Analyses

    A person, regularly admitted to practice as an attorney and counsellor, in the courts of record of this state, whose office for the transaction of law business is within the state, may practice as such attorney or counsellor, although he resides in an adjoining state. N.Y. Jud. Law § 470

  14. Section 484 - None but attorneys to practice in the state

    N.Y. Jud. Law § 484   Cited 44 times
    Prohibiting any natural person who is not a licensed attorney from asking or receiving, "directly or indirectly, compensation for appearing for a person other than himself as attorney in any court"

  15. Section 495 - Corporations and voluntary associations not to practice law

    N.Y. Jud. Law § 495   Cited 44 times
    Excepting legal aid organizations from rule forbidding corporations and voluntary associations from legal practice

  16. Section 479 - Soliciting business on behalf of an attorney

    N.Y. Jud. Law § 479   Cited 30 times
    Soliciting business on behalf of attorney

  17. Section 485 - Violation of certain preceding sections a misdemeanor

    N.Y. Jud. Law § 485   Cited 30 times

    Except as provided in section four hundred eighty-five-a of this article, any person violating the provisions of section four hundred seventy-eight, four hundred seventy-nine, four hundred eighty, four hundred eighty-one, four hundred eighty-two, four hundred eighty-three or four hundred eighty-four of this article, shall be guilty of a misdemeanor. N.Y. Jud. Law § 485 Amended by New York Laws 2012, ch. 492,Sec. 2, eff. 11/1/2013.

  18. Section 482 - Employment by attorney of person to aid, assist or abet in the solicitation of business or the procurement through solicitation of a retainer to perform legal services

    N.Y. Jud. Law § 482   Cited 28 times
    Prohibiting attorneys from employing lay persons to solicit or procure legal business

  19. Section 201 - Purpose

    N.Y. Limited Liability Company Law § 201   Cited 23 times   1 Legal Analyses

    A limited liability company may be formed under this chapter for any lawful business purpose or purposes except to do in this state any business for which another statute specifically requires some other business entity or natural person to be formed or used for such business. N.Y. Limited Liability Company Law Law § 201

  20. Section 1203 - Formation

    N.Y. Limited Liability Company Law § 1203   Cited 13 times
    Outlining the filing requirements for PSLLCs