§Why CasetextPricing

Phillips v. City of Oakland, California et al

MOTION to Dismiss

15 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 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' "

  2. Gonzales v. Raich

    545 U.S. 1 (2005)   Cited 1,145 times   46 Legal Analyses
    Holding that because “Congress had a rational basis” for concluding that a statute implements Commerce Clause power, the statute falls within the scope of congressional “authority to ‘make all Laws which shall be necessary and proper’ to ‘regulate Commerce ... among the several States' ”

  3. Cook, Perkiss Liehe v. N.C. Collection Serv

    911 F.2d 242 (9th Cir. 1990)   Cited 2,221 times   2 Legal Analyses
    Holding that an advertisement that "impl[ies] lower rates and better services than those of a competitor . . . constitutes puffery and is not actionable as false advertising"

  4. NL Industries, Inc. v. Kaplan

    792 F.2d 896 (9th Cir. 1986)   Cited 1,789 times
    Holding that response costs can be "necessary" even though the agency that required cleanup never approved the response actions taken

  5. Reddy v. Litton Industries, Inc.

    912 F.2d 291 (9th Cir. 1990)   Cited 1,057 times
    Holding that employee fired for refusing to participate in cover-up of illegal scheme lacked standing to assert civil RICO claim against employer

  6. United States v. Chanen

    549 F.2d 1306 (9th Cir. 1977)   Cited 145 times
    Discussing separation of powers reasons for court's refusal to intervene in grand jury proceedings

  7. Alliance for Cannabis Therapeutics v. Drug Enforcement Administration

    15 F.3d 1131 (D.C. Cir. 1994)   Cited 34 times
    Rejecting claim of adverse effect where "we have no reason to believe that petitioners would have pursued an 'alternative course of conduct' had the test been published earlier"

  8. United States v

    714 F.2d 347 (4th Cir. 1983)   Cited 40 times
    Reversing the district court's decision to quash a grand jury subpoena where the subpoena had both a proper and potentially improper purpose

  9. United States v. Miroyan

    577 F.2d 489 (9th Cir. 1978)   Cited 48 times
    Holding that "the monitorial use of the [tracking] device cannot constitute a search"

  10. Application of Wood

    833 F.2d 113 (8th Cir. 1987)   Cited 12 times
    Holding that "a court may not exercise its supervisory power in a way which encroaches on the prerogatives of the executive . . . unless there is a clear basis in fact and law for doing so."

  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 346,412 times   923 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,480 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 801 - Congressional findings and declarations: controlled substances

    21 U.S.C. § 801   Cited 7,271 times   77 Legal Analyses
    Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances

  14. Section 6 - The Grand Jury

    Fed. R. Crim. P. 6   Cited 1,070 times   6 Legal Analyses
    Limiting extensions to "no more than 6 months, except as otherwise provided by statute"