23 Cited authorities

Clapper v. Amnesty Int'l USA
568 U.S. 398 (2013) Cited 3,298 times 169 Legal Analyses
Holding that, in the absence of some independent existing or impending harm, plaintiffs "cannot manufacture standing merely by inflicting harm on themselves"
District of Columbia et al. v. Heller
554 U.S. 570 (2008) Cited 3,888 times 51 Legal Analyses
Holding it irrelevant to the constitutionality of D.C.'s "handgun" ban that the law allowed citizens the possession of substitutes, like "long guns"
McDonald v. City of Chicago
561 U.S. 742 (2010) Cited 2,552 times 22 Legal Analyses
Holding that the Second Amendment applies to the states, through incorporation under the Fourteenth Amendment
Daniel v. Am. Bd. of Emergency Med.
428 F.3d 408 (2d Cir. 2005) Cited 521 times
Holding that plaintiffs failed to demonstrate antitrust injury where their "economic expert conceded that he had performed no analysis of the consumer effect of defendants’ purportedly anticompetitive conduct"
Minnette v. Time Warner
997 F.2d 1023 (2d Cir. 1993) Cited 636 times
Holding that it was an improper exercise of discretion to dismiss rather than transfer when the statute of limitations on a timely filed complaint ran between filing and dismissal
Rivera-Powell v. N.Y. City Bd. of Elections
470 F.3d 458 (2d Cir. 2006) Cited 374 times
Holding judicial candidate whose name was removed from ballot failed to state due process claim because she "had the opportunity to obtain full judicial review by way of a special proceeding under New York Election Law section 16-102"
New York State Bd. of Elections v. Torres
552 U.S. 196 (2008) Cited 109 times 1 Legal Analyses
Upholding New York's convention system for selecting a party's judicial nominees
Kachalsky v. Cnty. of Westchester
701 F.3d 81 (2d Cir. 2012) Cited 225 times 2 Legal Analyses
Holding that although "some form of heightened scrutiny would be appropriate," strict scrutiny was not necessary, and instead applying intermediate scrutiny
Kachalsky v. Cacace
No. 10-CV-5413 (CS) (S.D.N.Y. Sep. 6, 2011) Cited 21 times
Finding that a New York law banning handgun possession outside of the home without a showing of "a special need for self-protection distinguishable from that of the general community" fell outside the scope of the Second Amendment
U.S. v. Waters
23 F.3d 29 (2d Cir. 1994) Cited 44 times
Holding that ex post facto challenge to statute of conviction was waived by pleading guilty without preserving the issue
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 357,835 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 922 - Unlawful acts
18 U.S.C. § 922 Cited 62,595 times 187 Legal Analyses
Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 28,849 times 199 Legal Analyses
Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
Section 1406 - Cure or waiver of defects
28 U.S.C. § 1406 Cited 14,716 times 55 Legal Analyses
Recognizing that transfer is proper to any district or division in which the action could have been brought
Section 400.00 - [Effective 1/7/2025] Licensing and other provisions relating to firearms
N.Y. Penal Law § 400.00 Cited 391 times
Noting that "good cause" may require "the denial of the license"
Section 9.39 - Emergency admissions for immediate observation, care, and treatment
N.Y. Mental Hyg. Law § 9.39 Cited 145 times
Providing this right for Section 9.39 confinements
Section 9.46 - Reports of substantial risk or threat of harm by mental health professionals
N.Y. Mental Hyg. Law § 9.46 Cited 13 times
Requiring report of person who has been determined to be "likely to engage in conduct that would result in serious harm to self or others" when that "determination is made by a mental health professional currently providing treatment services to person"
Section 7.09 - Powers of the office and commissioner; how exercised
N.Y. Mental Hyg. Law § 7.09 Cited 10 times
(a) The commissioner shall exercise all powers vested in the office. He may delegate any function, power, or duty assigned to him or to the office of mental health to a director of a facility operated by such office or to any other officer or employee of such office, unless otherwise provided by law. He may enter into agreements with the executive director of the justice center for the protection of people with special needs or the other commissioners of the department in order to ensure that programs

Montgomery v. Cuomo et al

23 Cited authorities

Holding that, in the absence of some independent existing or impending harm, plaintiffs "cannot manufacture standing merely by inflicting harm on themselves"

Holding it irrelevant to the constitutionality of D.C.'s "handgun" ban that the law allowed citizens the possession of substitutes, like "long guns"

Holding that the Second Amendment applies to the states, through incorporation under the Fourteenth Amendment

Holding that plaintiffs failed to demonstrate antitrust injury where their "economic expert conceded that he had performed no analysis of the consumer effect of defendants’ purportedly anticompetitive conduct"

Holding that it was an improper exercise of discretion to dismiss rather than transfer when the statute of limitations on a timely filed complaint ran between filing and dismissal

Holding judicial candidate whose name was removed from ballot failed to state due process claim because she "had the opportunity to obtain full judicial review by way of a special proceeding under New York Election Law section 16-102"

Upholding New York's convention system for selecting a party's judicial nominees

Holding that although "some form of heightened scrutiny would be appropriate," strict scrutiny was not necessary, and instead applying intermediate scrutiny

Finding that a New York law banning handgun possession outside of the home without a showing of "a special need for self-protection distinguishable from that of the general community" fell outside the scope of the Second Amendment

Holding that ex post facto challenge to statute of conviction was waived by pleading guilty without preserving the issue

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

Recognizing that transfer is proper to any district or division in which the action could have been brought

Noting that "good cause" may require "the denial of the license"

Providing this right for Section 9.39 confinements

Requiring report of person who has been determined to be "likely to engage in conduct that would result in serious harm to self or others" when that "determination is made by a mental health professional currently providing treatment services to person"