§Why CasetextPricing

Pruitt et al v. United States Environmental Protection Agency

MOTION to Dismiss

50 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 262,920 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,185 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Smith v. U.S.

    561 F.3d 1090 (10th Cir. 2009)   Cited 2,913 times
    Holding a Bivens action not barred by the IACA

  4. Kansas Penn Gaming, LLC v. Collins

    656 F.3d 1210 (10th Cir. 2011)   Cited 1,483 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

  5. Nat'l Labor Relations Bd. v. Robbins Tire & Rubber Co.

    437 U.S. 214 (1978)   Cited 960 times   4 Legal Analyses
    Holding that a FOIA requestor's rights are neither “diminished” nor “enhanced” in light of a “particular, litigation-generated need for these materials”

  6. John Doe Agency v. John Doe Corp.

    493 U.S. 146 (1989)   Cited 552 times
    Holding that records originally assembled for other purposes can come within Exemption 7 if subsequently compiled for law enforcement purposes

  7. Nurre v. Whitehead

    580 F.3d 1087 (9th Cir. 2009)   Cited 973 times
    Explaining rational basis review and when it applies to an alleged equal protection violation

  8. Van Orden v. Perry

    545 U.S. 677 (2005)   Cited 237 times   2 Legal Analyses
    Holding that "[s]imply having religious content or promoting a message consistent with a religious doctrine does not run afoul of the Establishment Clause" (citing Lynch, 465 U.S. at 680, 687, 104 S.Ct. 1355 )

  9. Burnett v. Mortg. Elec. Registration Sys., Inc.

    706 F.3d 1231 (10th Cir. 2013)   Cited 506 times   1 Legal Analyses
    Finding lack of plausibility where complaint contains "vague alleged acts" and "broad allegations" such that court cannot "tell what the misconduct was"

  10. Nation Magazine, Washington Bureau v. U.S.

    71 F.3d 885 (D.C. Cir. 1995)   Cited 696 times
    Holding that "an obvious privacy interest . . . extends to third parties who may be mentioned in investigatory files, as well as to witnesses and informants who have provided information during the course of an investigation"

  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 357,280 times   950 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 161,761 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

    5 U.S.C. § 552   Cited 12,367 times   558 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

  14. Section 7604 - Citizen suits

    42 U.S.C. § 7604   Cited 880 times   24 Legal Analyses
    Granting district courts limited jurisdiction "to compel (consistent with paragraph (2) of this section) agency action unreasonably delayed ..."

  15. Section 2.102 - Procedures for making requests

    40 C.F.R. § 2.102   Cited 4 times
    Setting forth "procedures for making requests" for documents from EPA