§Why CasetextPricing

Safari Club International et al v. Jewell et al

MOTION for Leave to File Third Amended Complaint

20 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 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 276,716 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. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,583 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,158 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  5. Foman v. Davis

    371 U.S. 178 (1962)   Cited 29,475 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

  6. Zenith Radio Corp. v. Hazeltine Research

    401 U.S. 321 (1971)   Cited 2,541 times   5 Legal Analyses
    Holding that claims based on continuing conspiracies accrue each time "a defendant commits an act that injures a plaintiffs business"

  7. Richardson v. U.S.

    193 F.3d 545 (D.C. Cir. 1999)   Cited 441 times
    Holding that District Court abused its discretion when "failing to consider [ pro se plaintiff's] complaint in light of his reply to the motion to dismiss"

  8. Atchinson v. District of Columbia

    73 F.3d 418 (D.C. Cir. 1996)   Cited 483 times
    Holding that a delay of two years from filing of action is undue

  9. Darby v. U.S. Dep't of Energy

    231 F. Supp. 2d 274 (D.D.C. 2002)   Cited 152 times
    Holding that the court should use "the plaintiff's well-pled factual allegations" and "draw all reasonable inferences from those allegations in the plaintiff's favor" in resolving 12(b) motions to dismiss for improper venue

  10. Pendleton v. Mukasey

    552 F. Supp. 2d 14 (D.D.C. 2008)   Cited 65 times
    Holding that “[w]hen an alleged discriminatory employment practice is committed in another jurisdiction, the employment records are located in another jurisdiction, and the aggrieved person would have worked in another jurisdiction but for the unlawful employment practice, a plaintiff cannot properly lay venue in the District of Columbia”

  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 357,835 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 162,084 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. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 93,795 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  14. Section 1538 - Prohibited acts

    16 U.S.C. § 1538   Cited 719 times   11 Legal Analyses
    Defining "take"