§Why CasetextPricing

Twitter, Inc. v. Lynch et al

MOTION to Dismiss

79 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 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. Wilton v. Seven Falls Co.

    515 U.S. 277 (1995)   Cited 4,300 times   7 Legal Analyses
    Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test

  3. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,688 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

  4. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,756 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"

  5. Jones v. United States

    526 U.S. 227 (1999)   Cited 1,900 times   19 Legal Analyses
    Holding that "under the Due Process Clause of the Fifth Amendment and the notice and jury trial guarantees of the Sixth Amendment, any fact (other than prior conviction) that increases the maximum penalty for a crime must be charged in an indictment, submitted to a jury, and proven beyond a reasonable doubt"

  6. Wash. State Grange v. Wa. State Repub. Party

    552 U.S. 442 (2008)   Cited 1,252 times   3 Legal Analyses
    Holding that courts should neither "anticipate a question of constitutional law in advance of the necessity of deciding it" nor "formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied"

  7. Fed. Commc'ns Comm'n v. Fox Television Stations, Inc.

    556 U.S. 502 (2009)   Cited 1,043 times   21 Legal Analyses
    Holding that agencies may not change their policies "sub silentio "

  8. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 15,995 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  9. City Council v. Taxpayers for Vincent

    466 U.S. 789 (1984)   Cited 1,730 times
    Holding that a ban on posting signs on public property could permissibly prevent speakers "from communicating with the public in a certain manner"

  10. Board of Trustees, State Univ. of N.Y. v. Fox

    492 U.S. 469 (1989)   Cited 953 times   2 Legal Analyses
    Holding that the "least restrictive means" test does not apply to commercial speech cases

  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. Section 2254 - State custody; remedies in Federal courts

    28 U.S.C. § 2254   Cited 204,528 times   341 Legal Analyses
    Holding that "a determination of a factual issue made by a State court shall be presumed to be correct" and "[t]he applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence"

  13. Section 2255 - Federal custody; remedies on motion attacking sentence

    28 U.S.C. § 2255   Cited 129,393 times   129 Legal Analyses
    Adopting one-year limitations period for §2255 motions

  14. 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

  15. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,443 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  16. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,250 times   31 Legal Analyses
    Granting judicial review over " final agency action"

  17. Section 78l - Registration requirements for securities

    15 U.S.C. § 78l   Cited 207 times   20 Legal Analyses
    Detailing how “ security may be registered on a national securities exchange”

  18. Section 1508 - Crop insurance

    7 U.S.C. § 1508   Cited 153 times   3 Legal Analyses
    In 7 U.S.C. § 1508(g)(4)(A), Congress unambiguously required the FCIC to offer the APH exclusion whenever coverage is based on actual production history.

  19. Section 1817 - Assessments

    12 U.S.C. § 1817   Cited 129 times   4 Legal Analyses
    Reporting requirements

  20. Section 1805 - Issuance of order

    50 U.S.C. § 1805   Cited 100 times
    Requiring "probable cause to believe . . . the target of the electronic surveillance is a foreign power or an agent of a foreign power"