§Why CasetextPricing

M.A. v. Village Voice Media Holdings,

MEMORANDUM in Support of Motion re MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12

24 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. Reno v. American Civil Liberties Union

    521 U.S. 844 (1997)   Cited 991 times   13 Legal Analyses
    Holding parts of § 223 unconstitutional under the First Amendment

  4. Doe v. Myspace

    528 F.3d 413 (5th Cir. 2008)   Cited 770 times   5 Legal Analyses
    Holding that CDA bars claims for negligence and gross negligence in not preventing a 13 year old girl from lying about her age to create a personal profile that led to contact by a sexual predator

  5. Batzel v. Smith

    333 F.3d 1018 (9th Cir. 2003)   Cited 361 times   17 Legal Analyses
    Holding that the denial of an anti-SLAPP motion is appealable under § 1291

  6. Zeran v. America Online

    129 F.3d 327 (4th Cir. 1997)   Cited 334 times   19 Legal Analyses
    Holding CDA immunity applied even though “AOL unreasonably delayed in removing defamatory messages posted by an unidentified third party, refused to post retractions of those messages, and failed to screen for similar postings thereafter”

  7. Ben Ezra, Weinstein, & Co. v. America Online Inc.

    206 F.3d 980 (10th Cir. 2000)   Cited 271 times   6 Legal Analyses
    Holding that defendant was immune to the defamation claim when it made its own editorial decisions with respect to third-party information published on its website

  8. Carafano v. Metrosplash.com, Inc.

    339 F.3d 1119 (9th Cir. 2003)   Cited 212 times   8 Legal Analyses
    Holding that a dating site could not "be considered an 'information content provider' under the [CDA] because no profile has any content until a user actively creates it"

  9. Universal v. Lycos

    478 F.3d 413 (1st Cir. 2007)   Cited 161 times   7 Legal Analyses
    Holding that website operator did not become information content provider “merely because the ‘construct and operation’ of the web site might have some influence on the content of the postings” or because website simply “provided ‘culpable assistance’ to subscribers wishing to disseminate misinformation”

  10. Green v. America Online

    318 F.3d 465 (3d Cir. 2003)   Cited 158 times   4 Legal Analyses
    Holding that § 230 "bars lawsuits seeking to hold a service provider liable for its exercise of a publisher's traditional editorial functions -- such as deciding whether to publish, withdraw, postpone, or alter content"

  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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,408 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 2252A - Certain activities relating to material constituting or containing child pornography

    18 U.S.C. § 2252A   Cited 6,003 times   33 Legal Analyses
    Making it a crime to knowingly receive the child pornography itself

  14. Section 2255 - Civil remedy for personal injuries

    18 U.S.C. § 2255   Cited 1,663 times   7 Legal Analyses
    Defining "minor" as "any person under the age of 18 years"

  15. Section 230 - Protection for private blocking and screening of offensive material

    47 U.S.C. § 230   Cited 1,027 times   168 Legal Analyses
    Limiting liability