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Phillips et al v. LuckyGunner, LLC et al

MOTION to Dismiss Purusant to Fed. R. Civ. P. 12

65 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. McDonald v. City of Chicago

    561 U.S. 742 (2010)   Cited 2,272 times   21 Legal Analyses
    Holding that the Second Amendment applies to the states, through incorporation under the Fourteenth Amendment

  4. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,028 times   33 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  5. Elrod v. Burns

    427 U.S. 347 (1976)   Cited 4,217 times   7 Legal Analyses
    Holding that local government could not constitutionally base public employment opportunities on political affiliation or nonaffiliation

  6. Robbins v. Oklahoma

    519 F.3d 1242 (10th Cir. 2008)   Cited 5,695 times   1 Legal Analyses
    Holding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"

  7. Red Hawk v. Schneider

    493 F.3d 1174 (10th Cir. 2007)   Cited 2,735 times   1 Legal Analyses
    Holding that an allegation that the arbitration panel improperly overruled objections as to venue "because the fact that an arbitration award was held in an improper venue does not call into question the merits of the award."

  8. Kansas Penn Gaming, LLC v. Collins

    656 F.3d 1210 (10th Cir. 2011)   Cited 1,404 times   1 Legal Analyses
    Holding that district court should assume as true the plaintiff's specific factual allegations when ruling on a motion to dismiss

  9. 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’ ”

  10. Heideman v. South Salt Lake City

    348 F.3d 1182 (10th Cir. 2003)   Cited 734 times   1 Legal Analyses
    Holding that the movant "must show that the injury complained of is of such imminence that there is a clear and present need for equitable relief"

  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 841 - Prohibited acts A

    21 U.S.C. § 841   Cited 90,820 times   147 Legal Analyses
    In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

  13. Section 922 - Unlawful acts

    18 U.S.C. § 922   Cited 60,294 times   181 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"

  14. Section 921 - Definitions

    18 U.S.C. § 921   Cited 4,064 times   36 Legal Analyses
    Adopting this definition

  15. Section 802 - Definitions

    21 U.S.C. § 802   Cited 3,932 times   80 Legal Analyses
    Defining "marijuana"

  16. Section 3479 - What constitutes nuisance

    Cal. Civ. Code § 3479   Cited 620 times   1 Legal Analyses
    Defining "nuisance"

  17. Section 13-17-201 - Award of reasonable attorney fees in certain cases

    Colo. Rev. Stat. § 13-17-201   Cited 150 times
    Mandating attorney fees for tort actions "dismissed on motion of the defendant prior to trial under rule 12(b) of the Colorado rules of civil procedure"

  18. Section 7901 - Findings; purposes

    15 U.S.C. § 7901   Cited 83 times   10 Legal Analyses
    Stating that a purpose of the PLCAA is to immunize the gun industry “for the harm solely caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as designed and intended”

  19. Section 7903 - Definitions

    15 U.S.C. § 7903   Cited 75 times   13 Legal Analyses
    Providing that predicate statutes are those "applicable to" the sale or marketing of firearms

  20. Section 7902 - Prohibition on bringing of qualified civil liability actions in Federal or State court

    15 U.S.C. § 7902   Cited 70 times   4 Legal Analyses
    Requiring dismissal of any civil action preempted by the Protection of Lawful Commerce in Arms Act "that is pending on October 26, 2005"