§Why CasetextPricing

Schrader et al v. Holder et al

Memorandum in opposition to re MOTION to Dismiss Second Amended Complaint and in Support of Renewed Cross-Motion for Summary Judgment

85 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,238 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. District of Columbia et al. v. Heller

    554 U.S. 570 (2008)   Cited 3,466 times   50 Legal Analyses
    Holding it irrelevant to the constitutionality of D.C.'s "handgun" ban that the law allowed citizens the possession of substitutes, like "long guns"

  3. Johnson v. U.S.

    559 U.S. 133 (2010)   Cited 2,748 times   14 Legal Analyses
    Holding that 18 U.S.C. § 924(e) ’s nearly identical "physical force" clause "means violent force—that is, force capable of causing physical pain or injury to another person"

  4. McDonald v. City of Chicago

    561 U.S. 742 (2010)   Cited 2,281 times   21 Legal Analyses
    Holding that the Second Amendment applies to the states, through incorporation under the Fourteenth Amendment

  5. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,866 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  6. Washington v. Glucksberg

    521 U.S. 702 (1997)   Cited 2,633 times   4 Legal Analyses
    Holding that there is no fundamental right to physician-assisted suicide

  7. Bailey v. United States

    516 U.S. 137 (1995)   Cited 2,762 times   12 Legal Analyses
    Holding that Government must show active employment of firearm to support § 924(c) conviction

  8. Planned Parenthood of Southeastern Pa. v. Casey

    505 U.S. 833 (1992)   Cited 1,859 times   29 Legal Analyses
    Holding that a spousal notification provision was unconstitutional

  9. Reno v. Flores

    507 U.S. 292 (1993)   Cited 1,736 times   2 Legal Analyses
    Holding that, in the immigration context, minors aged sixteen or seventeen are not "too young or too ignorant to exercise" their right to make a revocable waiver of a removal or deportation hearing

  10. Havens Realty Corp. v. Coleman

    455 U.S. 363 (1982)   Cited 2,029 times   13 Legal Analyses
    Holding that an allegation in the complaint that the plaintiff organization "has had to devote significant resources to identify and counteract the defendant's" illegal practices was sufficient to confer standing to the organization in its own right at the pleading stage

  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 345,982 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. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,775 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Section 924 - Penalties

    18 U.S.C. § 924   Cited 65,631 times   186 Legal Analyses
    Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)

  14. Section 922 - Unlawful acts

    18 U.S.C. § 922   Cited 60,375 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"

  15. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,534 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  16. Section 921 - Definitions

    18 U.S.C. § 921   Cited 4,065 times   36 Legal Analyses
    Adopting this definition

  17. Section 925 - Exceptions: Relief from disabilities

    18 U.S.C. § 925   Cited 356 times   1 Legal Analyses
    Granting district courts discretion to restore firearms rights for felons upon the denial of a petition by the Attorney General

  18. Section 3-202 - Assault in the first degree

    Md. Code, Crim. Law § 3-202   Cited 126 times
    Prohibiting an assault with a firearm

  19. Section 3-203 - Assault in the second degree

    Md. Code, Crim. Law § 3-203   Cited 104 times
    Defining second-degree assault

  20. Section 925A - Remedy for erroneous denial of firearm

    18 U.S.C. § 925A   Cited 74 times   1 Legal Analyses
    Stating that a plaintiff must bring an action "against the State or political subdivision responsible for providing the erroneous information"