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Phillips et al v. LuckyGunner, LLC et al

MOTION to Dismiss for Failure to State a Claim

35 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,459 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 266,381 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. Monsanto Co. v. Geertson Seed Farms

    561 U.S. 139 (2010)   Cited 1,142 times   13 Legal Analyses
    Holding that plaintiffs, alfalfa farmers, had standing based on a causal chain, though plaintiffs did not identify particular alfalfa plants that had been, or would necessarily be, pollinated by bees who carried the genetically engineered gene at issue

  4. Schrier v. University of Co.

    427 F.3d 1253 (10th Cir. 2005)   Cited 727 times
    Holding that a professor's critiques of a plan to move the medical school “addressing the use of public funds and regarding the objectives, purposes and mission of the University of Colorado and its medical school fall well within the rubric of ‘matters of public concern’ ”

  5. Hamilton v. Beretta U.S.A. Corp.

    96 N.Y.2d 222 (N.Y. 2001)   Cited 395 times   2 Legal Analyses
    Holding that handgun manufacturers do not owe a duty of reasonable care in the marketing and distribution of their handguns to persons injured or killed through the use of illegally obtained handguns, but leaving open the question of retailers' liability

  6. Valentine v. on Target, Inc.

    353 Md. 544 (Md. 1999)   Cited 175 times
    Affirming dismissal based on Maryland law in a case where a handgun later used in a shooting had been stolen from a gun store, in part on the basis that regulating gun dealers should be left to the legislature

  7. University of Denver v. Whitlock

    744 P.2d 54 (Colo. 1987)   Cited 133 times
    Concluding "that the student-university relationship is not a special relationship of the type giving rise to a duty of the University to take reasonable measures to protect the members of fraternities and sororities from risks of engaging in extra-curricular trampoline jumping"

  8. Reigel v. Savaseniorcare L.L.C.

    292 P.3d 977 (Colo. App. 2012)   Cited 57 times
    Explaining that because statutory interpretation presents a question of law, "we ‘may make an independent determination of legal question’ " (alteration in original) (quoting Omedelena v. Denver Options, Inc., 60 P.3d 717, 722 (Colo. App. 2002) )

  9. Casebolt v. Cowan

    829 P.2d 352 (Colo. 1992)   Cited 95 times
    Finding that a claim of first party negligent entrustment of chattel can be maintained

  10. Perreira v. State

    768 P.2d 1198 (Colo. 1989)   Cited 78 times
    Holding that psychiatrist has duty to third parties to exercise due care in treatment and release of committed patients

  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 345,620 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 2909.07 - Criminal mischief

    Ohio Rev. Code § 2909.07   Cited 79 times
    In R.C. 2909.07(A)(1), the general words "otherwise improperly tamper" are proceeded by the much more specific terms "move, deface, damage, destroy."

  13. Section 22810 - Purchase, possession, or use of tear gas or tear gas weapon for self-defense purposes

    Cal. Pen. Code § 22810   Cited 77 times
    Criminalizing the use of tear-gas weapons except in self-defense

  14. Section 2C:39-9 - Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances

    N.J. Stat. § 2C:39-9   Cited 56 times
    Banning manufacture, transport, shipment, sale, or disposal

  15. Section 13-21-202 - Action notwithstanding death

    Colo. Rev. Stat. § 13-21-202   Cited 52 times
    Providing that an entity that caused a wrongful or negligent act resulting in death is liable to the same extent it would have been liable to the injured party if death had not occurred

  16. Section 375 - Unlawful discharge or exposure of substance about place of business or public assemblage

    Cal. Pen. Code § 375   Cited 10 times
    Throwing or releasing an injurious or nauseous substance in a theater or other place of business or public assembly

  17. Section 941.26 - Machine guns and other weapons; use in certain cases; penalty

    Wis. Stat. § 941.26   Cited 8 times

    (1c) In this section: (a) "CS gel" means nonatomizing, gel-form chlorobenzalmalononitrile. (b) "Machine gun" has the meaning given in s. 941.25(1). (1g) (a) No person may sell, possess, use or transport any machine gun or other full automatic firearm. (b) Except as provided in sub. (4), no person may sell, possess, use or transport any tear gas bomb, hand grenade, projectile or shell or any other container of any kind or character into which tear gas or any similar substance is used or placed for

  18. Section 624.731 - TEAR GAS AND TEAR GAS COMPOUNDS; ELECTRONIC INCAPACITATION DEVICES

    Minn. Stat. § 624.731   Cited 7 times

    Subdivision 1.Definitions. For the purposes of this section: (1) "authorized tear gas compound" means a lachrymator or any substance composed of a mixture of a lachrymator including chloroacetophenone, alpha-chloroacetophenone; phenylchloromethylketone, orthochlorobenzalmalononitrile or oleoresin capsicum, commonly known as tear gas; and (2) "electronic incapacitation device" means a portable device which is designed or intended by the manufacturer to be used, offensively or defensively, to temporarily

  19. Section 202.375 - Applicability of NRS 202.370 to 202.440, inclusive, to small weapons containing "CS" tear gas and to certain law enforcement, correctional and military personnel

    Nev. Rev. Stat. § 202.375   Cited 6 times

    1. The provisions of NRS 202.370 to 202.440, inclusive, do not apply to the sale or purchase by any adult, or the possession or use by any person, including a minor but not including a convicted person as defined in NRS 179C.010, of any form of: (a) Cartridge which contains not more than 2 fluid ounces in volume of "CS" tear gas that may be propelled by air or another gas, but not an explosive, in the form of an aerosol spray; or (b) Weapon designed for the use of such a cartridge which does not

  20. Section 16-13-307 - Jurisdiction - venue - parties - process

    Colo. Rev. Stat. § 16-13-307   Cited 3 times
    Providing that actions to abate public nuisances shall be governed by the Colorado rules of civil procedure