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Lelchook et al v. Commerzbank AG

MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss.. Document

76 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 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 268,629 times   366 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. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,036 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"

  4. Almendarez-Torres v. United States

    523 U.S. 224 (1998)   Cited 6,538 times   21 Legal Analyses
    Holding that the fact of a prior conviction is not an element of an offense even when it increases a defendant's statutory maximum term of imprisonment

  5. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,778 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"

  6. Morrison v. National Australia Bank Ltd.

    561 U.S. 247 (2010)   Cited 1,470 times   177 Legal Analyses
    Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

  7. Valley Forge College v. Americans United

    454 U.S. 464 (1982)   Cited 4,982 times   4 Legal Analyses
    Holding that "the psychological consequence presumably produced by observation of conduct with which one disagrees ... is not an injury sufficient to confer standing under Art. III, even though the disagreement is phrased in constitutional terms"

  8. FW/PBS, Inc. v. City of Dallas

    493 U.S. 215 (1990)   Cited 2,377 times   2 Legal Analyses
    Holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction (quoting McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936))

  9. Central Bank of Denver v. First I.S. Bk. of Denver

    511 U.S. 164 (1994)   Cited 1,700 times   79 Legal Analyses
    Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors

  10. Holder v. Humanitarian Law Project

    561 U.S. 1 (2010)   Cited 865 times   5 Legal Analyses
    Holding that the plaintiffs had standing because a statute criminalized knowingly providing material support or resources to a foreign terrorist organization, and the plaintiffs had provided support to groups designated as terrorist organizations and planned to provide similar support in the future

  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 348,148 times   927 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 28,507 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 2 - Principals

    18 U.S.C. § 2   Cited 23,913 times   57 Legal Analyses
    Holding aiders and abettors punishable as principals under federal criminal law

  14. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,759 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  15. Section 2339B - Providing material support or resources to designated foreign terrorist organizations

    18 U.S.C. § 2339B   Cited 579 times   15 Legal Analyses
    Clarifying the scope of “personnel”

  16. Section 2333 - Civil remedies

    18 U.S.C. § 2333   Cited 468 times   22 Legal Analyses
    Granting any ATA claimant the right to sue "in any appropriate district court of the United States"

  17. Section 1701 - Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

    50 U.S.C. § 1701   Cited 425 times   63 Legal Analyses
    Granting Presidential emergency power "to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States"

  18. Section 2331 - Definitions

    18 U.S.C. § 2331   Cited 337 times   13 Legal Analyses
    Defining "domestic terrorism" to require this element

  19. Section 1189 - Designation of foreign terrorist organizations

    8 U.S.C. § 1189   Cited 196 times   5 Legal Analyses
    Establishing the requirements and process for designating a foreign terrorist organization

  20. Section 2332 - Criminal penalties

    18 U.S.C. § 2332   Cited 194 times   4 Legal Analyses
    Criminalizing physical violence outside the United States "with the result that serious bodily injury is caused to a national of the United States"