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MPHJ Technology Investments, LLC v. Federal Trade Commission

Motion to Dismiss for Failure to State a Claim

69 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,156 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 267,040 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 27,868 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. Wilton v. Seven Falls Co.

    515 U.S. 277 (1995)   Cited 4,302 times   7 Legal Analyses
    Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test

  5. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,763 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"

  6. Lassiter v. Department of Social Services

    452 U.S. 18 (1981)   Cited 3,595 times   5 Legal Analyses
    Holding that whether the Due Process Clause requires the appointment of counsel is considered on a case-by-case basis

  7. Califano v. Sanders

    430 U.S. 99 (1977)   Cited 4,280 times   4 Legal Analyses
    Holding that "the APA is not to be interpreted as an implied grant of subject-matter jurisdiction to review agency actions"

  8. Texas v. United States

    523 U.S. 296 (1998)   Cited 1,471 times   3 Legal Analyses
    Holding that a claim that "rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all" is not ripe for adjudication

  9. Abbott Laboratories v. Gardner

    387 U.S. 136 (1967)   Cited 5,286 times   9 Legal Analyses
    Holding that plaintiffs subject to a regulation had standing to challenge it even though the Attorney General had yet to "authorize criminal and seizure actions for violations of the statute"

  10. Flast v. Cohen

    392 U.S. 83 (1968)   Cited 3,136 times   3 Legal Analyses
    Holding that taxpayers have an adequate stake in the outcome of Establishment Clause litigation to satisfy Article III standing requirements, after stating that "[o]ur history vividly illustrates that one of the specific evils feared by those who drafted the Establishment Clause and fought for its adoption was that the taxing and spending power would be used to favor one religion over another or to support religion in general"

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

    Fed. R. Civ. P. 11   Cited 35,813 times   143 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  12. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,551 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  13. Section 45 - Unfair methods of competition unlawful; prevention by Commission

    15 U.S.C. § 45   Cited 3,856 times   561 Legal Analyses
    Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"

  14. Section 53 - False advertisements; injunctions and restraining orders

    15 U.S.C. § 53   Cited 816 times   71 Legal Analyses
    Providing similar provisional relief where false advertising regarding food, drugs, devices, and cosmetics is at issue

  15. Section 41 - Federal Trade Commission established; membership; vacancies; seal

    15 U.S.C. § 41   Cited 778 times   45 Legal Analyses
    Granting FTC the power to "make rules and regulations for the purpose of carrying out the provisions of this [Act]," 15 U.S.C. § 46(g) (West Supp. 1986)

  16. Section 46 - Additional powers of Commission

    15 U.S.C. § 46   Cited 178 times   15 Legal Analyses
    Granting power to the F.T.C. to publicize certain information

  17. Section 57b-2 - Confidentiality

    15 U.S.C. § 57b-2   Cited 25 times   1 Legal Analyses
    Governing confidentiality of information received by the FTC pursuant to a Civil Investigative Demand

  18. Section 4.10 - Nonpublic material

    16 C.F.R. § 4.10   Cited 15 times

    (a) The following records and other material of the Commission are not required to be made public pursuant to 5 U.S.C. 552 . (1) Records, except to the extent required to be disclosed under other laws or regulations, related solely to the internal personnel rules and practices of the Commission. This exemption applies to internal rules or instructions to Commission personnel which must be kept confidential in order to assure effective performance of the functions and activities for which the Commission

  19. Section 4.14 - Conduct of business

    16 C.F.R. § 4.14   Cited 2 times   1 Legal Analyses

    (a) Matters before the Commission for consideration may be resolved either at a meeting under § 4.15 or by written circulation. Any Commissioner may direct that a matter presented for consideration be placed on the agenda of a Commission meeting. (b) A majority of the members of the Commission in office and not recused from participating in a matter (by virtue of 18 U.S.C. 208 or otherwise) constitutes a quorum for the transaction of business in that matter. (c) Any Commission action, either at a