§Why CasetextPricing

M.B. v. Long et al

RESPONSE in Opposition re MOTION to Dismiss

41 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,484 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 267,331 times   365 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 27,900 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. Daniels v. Williams

    474 U.S. 327 (1986)   Cited 12,751 times   5 Legal Analyses
    Holding that "the Due Process Clause [of the Fourteenth Amendment] is simply not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty, or property"

  5. Parratt v. Taylor

    451 U.S. 527 (1981)   Cited 10,699 times   6 Legal Analyses
    Holding that a negligent prison official, in mishandling and losing a prisoner's mail, had effectuated a due process violation, but that the state's availability of a postdeprivation tort remedy cured the violation

  6. Quern v. Jordan

    440 U.S. 332 (1979)   Cited 6,581 times
    Holding that § 1983 does not abrogate state sovereign immunity in federal court

  7. Shaw v. Delta Air Lines, Inc.

    463 U.S. 85 (1983)   Cited 3,513 times   17 Legal Analyses
    Holding that federal common law of ERISA preempts state law in the interpretation of ERISA benefit plans

  8. Logan v. Zimmerman Brush Co.

    455 U.S. 422 (1982)   Cited 2,978 times
    Holding that a deprivation resulting from a mistake in established state procedures is not “random and unauthorized”

  9. Goldberg v. Kelly

    397 U.S. 254 (1970)   Cited 4,954 times   3 Legal Analyses
    Holding that due process rights attach to the deprivation of Government benefits

  10. Directv, Inc. v. Tyreesh

    487 F.3d 471 (6th Cir. 2007)   Cited 2,324 times
    Holding that Kentucky's taxing scheme designed to attract certain kinds of business did not violate the dormant Commerce Clause

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,633 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 12112 - Discrimination

    42 U.S.C. § 12112   Cited 13,529 times   159 Legal Analyses
    Recognizing failure to accommodate as form of discrimination

  13. Section 12102 - Definition of disability

    42 U.S.C. § 12102   Cited 10,808 times   40 Legal Analyses
    Recognizing ADA claim where plaintiff is "regarded as" disabled

  14. Section 1396a - State plans for medical assistance

    42 U.S.C. § 1396a   Cited 3,537 times   39 Legal Analyses
    Concluding paragraph, exception

  15. Section 28-3-104 - Personal tort actions; actions against certain professionals

    Tenn. Code § 28-3-104   Cited 1,588 times   4 Legal Analyses
    Setting forth one-year statute of limitations for § 1983 claims

  16. Section 705 - Definitions

    29 U.S.C. § 705   Cited 1,068 times   3 Legal Analyses
    Adopting the definition of disability set forth in § 12102

  17. Section 28-1-105 - New action after adverse decision - Contractual limitations periods

    Tenn. Code § 28-1-105   Cited 327 times   2 Legal Analyses
    Providing a plaintiff may only commence a new action following dismissal if the original action was "commenced within the time limited by a rule or statute of limitations"

  18. Section 1630.2 - Definitions

    29 C.F.R. § 1630.2   Cited 8,340 times   141 Legal Analyses
    Holding that major life activity is substantially limited if plaintiff is "significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities"

  19. Section 431.220 - When a hearing is required

    42 C.F.R. § 431.220   Cited 109 times
    Providing that states must allow for fair hearings following "initial or subsequent decision regarding eligibility"

  20. Section 435.907 - [Effective until 6/3/2024] Application

    42 C.F.R. § 435.907   Cited 11 times
    Stating that “the agency must accept an application” for Medicaid

  21. Section 1200-13-19-.05 - APPEAL RIGHTS, NOTICES AND PROCEDURES

    Tenn. Comp. R. & Regs. 1200-13-19-.05

    (1) The Agency must grant an opportunity for a hearing to the following: (a) Any applicant who requests it because his claim for services is denied or is not acted upon with reasonable promptness. (b) Any beneficiary who requests it because he believes the Agency has taken an action erroneously. (c) Any enrollee who is entitled to a hearing under 42 C.F.R. 438 subpart B. (2) The Agency need not grant a hearing if the sole issue is a Federal or State law requiring an automatic change adversely affecting

  22. Rule 41.01 - Voluntary Dismissal - Effect Thereof

    Tenn. R. Civ. P. 41.01   Cited 199 times

    (1) Subject to the provisions of Rule 23.05, Rule 23.06, or Rule 66 or any statute, and except when a motion for summary judgment made by an adverse party is pending, the plaintiff shall have the right to take a voluntary nonsuit to dismiss an action without prejudice by filing a written notice of dismissal at any time before the trial of a cause and serving a copy of the notice upon all parties, and if a party has not already been served with a summons and complaint, the plaintiff shall also serve