§Why CasetextPricing

Vivid Entertainment LLC et al v. Jonathan Fielding et al

REPLY in support of Intervenors' MOTION to Dismiss Case 49

43 Cited authorities

  1. Ward v. Rock Against Racism

    491 U.S. 781 (1989)   Cited 2,946 times   8 Legal Analyses
    Holding that music is protected expression

  2. Turner Broadcasting System, Inc. v. Federal Communications Commission

    512 U.S. 622 (1994)   Cited 1,336 times   7 Legal Analyses
    Holding that rules that distinguish "based only upon the manner in which speakers transmit their messages to viewers, and not upon the messages they carry" are content-neutral

  3. City Council v. Taxpayers for Vincent

    466 U.S. 789 (1984)   Cited 1,775 times
    Holding that a ban on posting signs on public property could permissibly prevent speakers "from communicating with the public in a certain manner"

  4. Renton v. Playtime Theatres, Inc.

    475 U.S. 41 (1986)   Cited 1,443 times   1 Legal Analyses
    Holding that local governments may enact zoning ordinances against adult movie theaters to curb negative "secondary effects"

  5. Clark v. Community for Creative Non-Violence

    468 U.S. 288 (1984)   Cited 1,480 times   5 Legal Analyses
    Holding that a ban on sleeping overnight in a park was a permissible "limitation on the manner of demonstrating"

  6. New York v. Burger

    482 U.S. 691 (1987)   Cited 928 times   12 Legal Analyses
    Holding that to be an adequate substitute for a warrant, the scheme “must perform the two basic functions of a warrant”—let owners know that the inspections are made pursuant to law, and be “carefully limited in time, place, and scope”

  7. Boos v. Barry

    485 U.S. 312 (1988)   Cited 853 times   3 Legal Analyses
    Holding a law was content-based where it prohibited speech critical of a foreign government within 500 feet of that government’s embassy

  8. Thomas v. Chicago Park Dist

    534 U.S. 316 (2002)   Cited 424 times   2 Legal Analyses
    Holding that a regulatory scheme wherein permits could be denied "when the intended use would present an unreasonable danger to the health or safety of park users or Park District employees" was "reasonably specific and objective"

  9. Beckman Industries, Inc. v. International Ins. Co.

    966 F.2d 470 (9th Cir. 1992)   Cited 1,894 times
    Holding that "an independent jurisdictional basis is not required [in this case] because intervenors do not seek to litigate a claim on the merits"

  10. Connally v. General Const. Co.

    269 U.S. 385 (1926)   Cited 2,779 times   6 Legal Analyses
    Holding that a statute violates due process for vagueness if “men of common intelligence must necessarily guess at its meaning and differ as to its application”

  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 361,663 times   960 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 163,974 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 7

    Cal. Const. art. XI § 7   Cited 454 times
    Providing that " county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws"

  14. Section 6400 - Duty to furnish safe place of employment; issuance of citations on multiemployer worksites

    Cal. Lab. Code § 6400   Cited 201 times   6 Legal Analyses
    Describing when citations for safety violations may be issued for multiemployer worksites

  15. Section 6300 - Purpose of 1973 act

    Cal. Lab. Code § 6300   Cited 154 times   1 Legal Analyses

    The California Occupational Safety and Health Act of 1973 is hereby enacted for the purpose of assuring safe and healthful working conditions for all California working men and women by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and by providing for research, information, education, training, and enforcement in the field of occupational safety and health. Ca. Lab. Code § 6300 Repealed and added by Stats

  16. Section 6304 - Employer defined

    Cal. Lab. Code § 6304   Cited 70 times
    Referring to § 3300

  17. Section 6304.5 - Citation not admissible in personal injury or wrongful death action; expert opinion

    Cal. Lab. Code § 6304.5   Cited 55 times   2 Legal Analyses
    Providing "testimony of employees of [Cal-OSHA] shall not be admissible as expert opinion"

  18. Section 6307 - Division power, jurisdiction and supervision

    Cal. Lab. Code § 6307   Cited 31 times

    The division has the power, jurisdiction, and supervision over every employment and place of employment in this state, which is necessary adequately to enforce and administer all laws and lawful standards and orders, or special orders requiring such employment and place of employment to be safe, and requiring the protection of the life, safety, and health of every employee in such employment or place of employment. Ca. Lab. Code § 6307 Repealed and added by Stats. 1973, Ch. 993.

  19. Section 142.3 - Adoption, amendment or repeal of occupational safety and health standards and orders

    Cal. Lab. Code § 142.3   Cited 19 times

    (a) (1) The board, by an affirmative vote of at least four members, may adopt, amend or repeal occupational safety and health standards and orders. The board shall be the only agency in the state authorized to adopt occupational safety and health standards. (2) The board shall adopt standards at least as effective as the federal standards for all issues for which federal standards have been promulgated under Section 6 of the Occupational Safety and Health Act of 1970 (P.L. 91-596) within six months

  20. Section 6304.1 - Employee defined

    Cal. Lab. Code § 6304.1   Cited 10 times

    (a) "Employee" means every person who is required or directed by any employer to engage in any employment or to go to work or be at any time in any place of employment. (b) "Employee" also includes volunteer firefighters covered by Division 4 (commencing with Section 3200) pursuant to Section 3361. (c) Subdivision (b) shall become operative on January 1, 2004. (d) This act does not affect claims that arose pursuant to Division 5 of this code between January 1, 2002, and the effective date of this

  21. Section 5193 - Bloodborne Pathogens

    Cal. Code Regs. tit. 8 § 5193   Cited 2 times   1 Legal Analyses

    (a) Scope and Application. This section applies to all occupational exposure to blood or other potentially infectious materials as defined by subsection (b) of this section. EXCEPTION: This regulation does not apply to the construction industry. (b) Definitions. For purposes of this section, the following shall apply: "Biological Cabinet" means a device enclosed except for necessary exhaust purposes on three sides and top and bottom, designed to draw air inward by means of mechanical ventilation