§Why CasetextPricing

Lisa Liberi et al v. Orly Taitz et al

MEMORANDUM in Opposition to First MOTION to Disqualify Counsel Philip J. erg Motion to terminate attorney Berg, as not licensed to practice in this jurisdiction 172 ; Declaration of Philip J. Berg; Proposed Order; and Certificate of Service

15 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. 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

  3. Arizona v. Fulminante

    499 U.S. 279 (1991)   Cited 5,357 times   20 Legal Analyses
    Holding that admission of an involuntary statement is subject to harmless-error review

  4. U.S. v. Gonzalez-Lopez

    548 U.S. 140 (2006)   Cited 2,139 times   13 Legal Analyses
    Holding that a violation of the Sixth Amendment right to counsel of choice does not require showing prejudice

  5. Sullivan v. Louisiana

    508 U.S. 275 (1993)   Cited 3,309 times   14 Legal Analyses
    Holding that a constitutionally deficient reasonable doubt instruction constitutes structural error as the deprivation of the right to trial by jury has "necessarily unquantifiable and indeterminate" consequences and "unquestionably qualifies as ‘structural error’ "

  6. U.S. v. Garrett

    179 F.3d 1143 (9th Cir. 1999)   Cited 124 times   1 Legal Analyses
    Finding one factor to deny a change of counsel is the untimeliness of the motion

  7. Panzardi-Alvarez v. U.S.

    879 F.2d 975 (1st Cir. 1989)   Cited 126 times
    Discussing statutory rules for federal judges to avoid the appearance of bias

  8. U.S. v. Walters

    309 F.3d 589 (9th Cir. 2002)   Cited 48 times
    Holding harmless error review applies to denial of counsel of choice at sentencing phase only because denial was not a complete denial of counsel of choice

  9. U.S. v. Panzardi Alvarez

    816 F.2d 813 (1st Cir. 1987)   Cited 70 times
    Holding that denying defendant's request to be represented by outside counsel because of one case per year rule violated defendant's Sixth Amendment right to counsel of one's choice

  10. U.S. v. Lillie

    989 F.2d 1054 (9th Cir. 1993)   Cited 32 times   1 Legal Analyses
    Applying Wheat, 486 U.S. at 159, 108 S.Ct. 1692, and holding that a district court committed reversible error when it denied a motion for substitution filed the morning of trial

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

    Fed. R. Civ. P. 11   Cited 36,629 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  13. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,058 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  14. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,247 times   17 Legal Analyses
    Making affidavits and declarations effectively synonymous

  15. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,742 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure