§Why CasetextPricing

Kinder, et al v. Department of Treasury, et al

MEMORANDUM in Opposition re MOTION to Dismiss Case

16 Cited authorities

  1. Neitzke v. Williams

    490 U.S. 319 (1989)   Cited 55,792 times
    Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,840 times   138 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. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,288 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  4. Daimlerchrysler Corp. v. Cuno

    547 U.S. 332 (2006)   Cited 2,647 times   7 Legal Analyses
    Holding that an injury a plaintiff "suffers in some indefinite way in common with people generally" is not a cognizable injury-in-fact

  5. Eckert v. Titan Tire Corp.

    514 F.3d 801 (8th Cir. 2008)   Cited 593 times
    Holding a court must accept that a plaintiff's factual allegations as true for the purposes of a motion to dismiss

  6. Hamm v. Rhone-Poulenc Rorer Pharmaceuticals

    187 F.3d 941 (8th Cir. 1999)   Cited 337 times   3 Legal Analyses
    Holding that a civil conspiracy claim under § 1962(d) is dependent upon an underlying claim of racketeering activity

  7. Parkhurst v. Tabor

    569 F.3d 861 (8th Cir. 2009)   Cited 219 times
    Holding that a private citizen lacks a "judicially cognizable interest" in the prosecution or non-prosecution of another, and not using the phrase "legally protected"

  8. B B Hardware v. Hargis Industries

    569 F.3d 383 (8th Cir. 2009)   Cited 119 times   2 Legal Analyses
    Stating that a plaintiff may demonstrate that a mark has acquired secondary meaning "by showing that through 'long and exclusive use in the sale of the user's goods, the mark has become so associated in the public mind with such goods that the mark serves to identify the source of the goods and distinguish them from those of others."

  9. McAuley v. Federal Ins. Co.

    500 F.3d 784 (8th Cir. 2007)   Cited 84 times
    Finding a motion to dismiss was converted into a motion for summary judgment when the district court mentioned specific facts not discussed in the plaintiff's complaint

  10. Nolles v. State Committee

    524 F.3d 892 (8th Cir. 2008)   Cited 52 times
    Finding a group of Nebraska voters did not have standing to challenge the application of the state constitution to a state referendum process

  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 345,981 times   922 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 376.1224 - Definitions - insurance coverage required - limitations on coverage - maximum benefit amount, adjustments - reimbursements, how made - applicability to plans

    Mo. Rev. Stat. § 376.1224   Cited 1 times

    1. For purposes of this section, the following terms shall mean: (1)"Applied behavior analysis", the design, implementation, and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior, including the use of direct observation, measurement, and functional analysis of the relationships between environment and behavior; (2)"Autism service provider": (a) Any person, entity, or group that provides diagnostic or