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Zhang et al v. Baidu.Com Inc. et al

MEMORANDUM OF LAW in Support re: 46 MOTION for Judgment on the Pleadings.. Document

39 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Carpenters v. Scott

    463 U.S. 825 (1983)   Cited 2,073 times
    Holding that animus against a class based upon its economic views, status, or activities is beyond the reach of the deprivation clause, and reserving the question whether it reaches animus against any class other than "Negroes and those who championed their cause"

  3. Rumsfeld v. Forum for Academic

    547 U.S. 47 (2006)   Cited 850 times   11 Legal Analyses
    Holding that nothing about having military recruiters on campus "suggests that law schools agree with any speech by recruiters"

  4. Bray v. Alexandria Clinic

    506 U.S. 263 (1993)   Cited 1,136 times   1 Legal Analyses
    Holding that, though abortion is "engaged in exclusively" by women, discriminatory intent could not be presumed since there are "common and respectable reasons for opposing" abortion besides discriminatory intent towards women

  5. Kiobel v. Royal Dutch Petroleum Co.

    569 U.S. 108 (2013)   Cited 484 times   45 Legal Analyses
    Holding that the ATS does not authorize an action for a tort that occurred entirely outside of the United States

  6. Equal Employment Opportunity Commission v. Arabian American Oil Co.

    499 U.S. 244 (1991)   Cited 625 times   11 Legal Analyses
    Holding that the presumption against extraterritorial application of federal statutes prevented an employee fired from work being done in Saudi Arabia from sustaining an anti-discrimination action brought under Title VII

  7. Wooley v. Maynard

    430 U.S. 705 (1977)   Cited 962 times   2 Legal Analyses
    Holding that a state cannot require a citizen to display the state motto, "Live Free or Die," on their license plate

  8. Thomas v. Roach

    165 F.3d 137 (2d Cir. 1999)   Cited 1,303 times
    Holding argument first raised in reply brief waived

  9. Board of Education v. Barnette

    319 U.S. 624 (1943)   Cited 1,695 times   12 Legal Analyses
    Holding students cannot be compelled to recite the Pledge of Allegiance during World War II

  10. Agency for Int'l Dev. v. Alliance for Open Soc'y Int'l, Inc.

    570 U.S. 205 (2013)   Cited 164 times   4 Legal Analyses
    Holding unconstitutional funding condition requiring recipients to affirm opposition to prostitution because it compelled grant recipient "to adopt a particular belief as a condition of funding"

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 496,982 times   701 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. 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 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  13. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,401 times   254 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race

  14. Section 1985 - Conspiracy to interfere with civil rights

    42 U.S.C. § 1985   Cited 20,148 times   10 Legal Analyses
    Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror

  15. Section 40-C - Discrimination

    N.Y. Civ. Rights Law § 40-C   Cited 231 times
    Limiting their provisions to "all persons within the jurisdiction of the state"

  16. Section 40-D - Penalty for violation

    N.Y. Civ. Rights Law § 40-D   Cited 75 times

    Any person who shall violate any of the provisions of the foregoing section, or subdivision three of section 240.30 or section 240.31 of the penal law, or who shall aid or incite the violation of any of said provisions shall for each and every violation thereof be liable to a penalty of not less than one hundred dollars nor more than five hundred dollars, to be recovered by the person aggrieved thereby in any court of competent jurisdiction in the county in which the defendant shall reside. In addition

  17. Section 41 - Penalty for violation

    N.Y. Civ. Rights Law § 41   Cited 28 times

    Any person who or any agency, bureau, corporation or association which shall violate any of the provisions of sections forty, forty-a, forty-b or forty-two or who or which shall aid or incite the violation of any of said provisions and any officer or member of a labor organization, as defined by section forty-three of this chapter, or any person representing any organization or acting in its behalf who shall violate any of the provisions of section forty-three of this chapter or who shall aid or