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National Fair Housing Alliance, Inc. et al v. S.C. Bodner Company, Inc. et al

BRIEF/MEMORANDUM in Support re MOTION to Dismiss

11 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. Tamayo v. Blagojevich

    526 F.3d 1074 (7th Cir. 2008)   Cited 3,019 times   6 Legal Analyses
    Holding that a senior administrator who testified before a legislative committee with oversight of her agency was "discharging the responsibilities of her office, not appearing as 'Jane Q. Public.' "

  4. Whirlpool Financial Corp. v. GN Holdings, Inc.

    67 F.3d 605 (7th Cir. 1995)   Cited 300 times
    Holding that "if a plaintiff pleads facts that show its suit barred by a statute of limitations, it may plead itself out of court under a Rule 12(b) analysis"

  5. Garcia v. Brockway

    526 F.3d 456 (9th Cir. 2008)   Cited 122 times   1 Legal Analyses
    Holding the continuing violation doctrine inapplicable in an action claiming violations of design and construction requirements in the Fair Housing Act, notwithstanding any continuing "ill effects" of the improper design and construction

  6. Silver State Fair Housing Council, Inc. v. ERGS, Inc.

    362 F. Supp. 2d 1218 (D. Nev. 2005)   Cited 14 times
    Holding that the continuing violation doctrine may apply to FHAA statute of limitations for construction claims

  7. 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

  8. 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. . . ."

  9. Section 3604 - Discrimination in the sale or rental of housing and other prohibited practices

    42 U.S.C. § 3604   Cited 4,102 times   64 Legal Analyses
    Requiring any "accommodation" in "rules, policies, practices, or services" to be "reasonable"

  10. Section 3601 - Declaration of policy

    42 U.S.C. § 3601   Cited 4,007 times   44 Legal Analyses
    Stating the FHA is intended to provide “fair housing throughout the United States”

  11. Section 3613 - Enforcement by private persons

    42 U.S.C. § 3613   Cited 1,550 times   6 Legal Analyses
    Granting right to sue in state or federal court