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Rodriguez et al v. Winski et al

REPLY MEMORANDUM OF LAW in Support re: 41 MOTION to Dismiss the First Amended Complaint.. Document

34 Cited authorities

  1. Flagg Bros., Inc. v. Brooks

    436 U.S. 149 (1978)   Cited 3,765 times   1 Legal Analyses
    Holding that the defendant warehouseman's sale of goods pursuant to a statute authorizing self-help was not state action

  2. Cornelius v. Naacp Legal Defense Ed. Fund

    473 U.S. 788 (1985)   Cited 1,618 times
    Holding that a charitable fundraising drive conducted in a federal workplace was a nonpublic forum

  3. International Soc. for Krishna Consciousness v. Lee

    505 U.S. 672 (1992)   Cited 619 times   3 Legal Analyses
    Holding that speech restrictions in nonpublic fora must be viewpoint-neutral

  4. Pani v. Empire Blue Cross Blue Shield

    152 F.3d 67 (2d Cir. 1998)   Cited 1,014 times
    Holding that a private insurance company, acting as fiscal intermediary or carrier on behalf of the United States in administration of a Medicare program, was entitled to official immunity from suit for claims that arise out of performance of its duty to investigate and report possible Medicare fraud and rejecting the argument that the denial of immunity in Richardson v. McKnight, 521 U.S. 399, 117 S.Ct. 2100, 138 L.Ed.2d 540, supported the denial of immunity to those private entities that act "on behalf of the [government] in carrying out certain administrative responsibilities that the law imposes"

  5. Vermont Teddy Bear Co. v. 538 Madison Realty Co.

    1 N.Y.3d 470 (N.Y. 2004)   Cited 708 times   1 Legal Analyses
    Finding no intent to add terms where sophisticated parties could have added a term, but failed to do so

  6. Lloyd Corp. v. Tanner

    407 U.S. 551 (1972)   Cited 469 times   4 Legal Analyses
    Holding that a private shopping center did not violate the First Amendment by prohibiting the distribution of handbills on its property

  7. Evans v. Newton

    382 U.S. 296 (1966)   Cited 572 times
    Holding that "the public character of this park requires that it be treated as a public institution subject to the command of the Fourteenth Amendment, regardless of who now has title under state law"

  8. Brown v. State of New York

    89 N.Y.2d 172 (N.Y. 1996)   Cited 588 times
    Holding that award of damages for constitutional tort was necessary where injunctive remedies “all fall short”

  9. Missere v. Gross

    826 F. Supp. 2d 542 (S.D.N.Y. 2011)   Cited 110 times
    Holding that the plaintiff failed to demonstrate an entitlement to use their property as a restaurant

  10. Friends of Van Cortland Park, v. City of New York

    95 N.Y.2d 623 (N.Y. 2001)   Cited 80 times
    Alienating parkland "requires the direct and specific approval of the State Legislature, plainly conferred"

  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 366,773 times   968 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss