§Why CasetextPricing

Passino Vs. Social Security Administration

MOTION to Dismiss for Failure to State a Claim

32 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,123 times   280 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 268,865 times   367 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. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,092 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  4. Spencer v. Kemna

    523 U.S. 1 (1998)   Cited 5,631 times   2 Legal Analyses
    Holding that an issue is moot when "there is nothing for us to remedy"

  5. Genesis Healthcare Corp. v. Symczyk

    569 U.S. 66 (2013)   Cited 1,630 times   97 Legal Analyses
    Holding that a case is moot if "an intervening circumstance deprives the plaintiff of a personal stake in the outcome of the lawsuit"

  6. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,897 times   6 Legal Analyses
    Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

  7. Doe v. Chao

    540 U.S. 614 (2004)   Cited 487 times   10 Legal Analyses
    Holding a plaintiff must prove causation in order to obtain damages

  8. Chappell v. Wallace

    462 U.S. 296 (1983)   Cited 898 times   1 Legal Analyses
    Holding that "it would be inappropriate to provide enlisted military personnel a Bivens-type remedy against their superior officers" for constitutional violations

  9. Boykin v. Keycorp

    521 F.3d 202 (2d Cir. 2008)   Cited 1,331 times   1 Legal Analyses
    Holding that when a plaintiff proceeds pro se, the district court "is obliged to construe his pleadings liberally" and noting that "the dismissal of a pro se claim as insufficiently pleaded is appropriate only in the most unsustainable of cases."

  10. Kissinger v. Reporters Committee

    445 U.S. 136 (1980)   Cited 903 times
    Holding that in the Freedom of Information Act, the term " ‘Executive Office’ does not include the Office of the President"

  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 348,416 times   930 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,994 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 32.1 - Citing Judicial Dispositions

    Fed. R. App. P. 32.1   Cited 34,660 times   152 Legal Analyses
    Permitting court to cite to unpublished federal judicial opinions

  14. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,208 times   557 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party

  15. Section 552a - Records maintained on individuals

    5 U.S.C. § 552a   Cited 4,457 times   47 Legal Analyses
    Finding that it is a Department of Justice component that has as its principal function the enforcement of criminal laws includ[ing] correctional authorities

  16. Section 401.40 - How to get your own records

    20 C.F.R. § 401.40   Cited 16 times

    (a)Your right to notification and access. Subject to the provisions governing medical records in § 401.55 , you may ask for notification of or access to any record about yourself that is in an SSA system of records. If you are a minor, you may get information about yourself under the same rules as for an adult. Under the Privacy Act, if you are the parent or guardian of a minor, or the legal guardian of someone who has been declared legally incompetent, and you are acting on his or her behalf, you

  17. Section 401.70 - Appeals of refusals to correct records or refusals to allow access to records

    20 C.F.R. § 401.70   Cited 8 times

    (a)General. This section describes how to appeal decisions we make under the Privacy Act concerning your request for correction of or access to your records, those of your minor child, or those of a person for whom you are the legal guardian. This section describes how to appeal decisions made by SSA under the Privacy Act concerning your request for correction of or access to your records, those of your minor child, or those of a person for whom you are the legal guardian. We generally handle a denial