§Why CasetextPricing

Lemelson et al v. Bloomberg L.P. et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

4 Cited authorities

  1. New York Times Co. v. Sullivan

    376 U.S. 254 (1964)   Cited 6,944 times   36 Legal Analyses
    Holding that a public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice

  2. Foley v. Lowell Sun Publishing Co.

    404 Mass. 9 (Mass. 1989)   Cited 77 times
    Holding that a newspaper article's report that the plaintiff had been arrested and charged with assaulting a police officer could not reasonably be construed as accusing the plaintiff of actually committing the assault

  3. 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 351,086 times   937 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  4. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 70,485 times   126 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time