27 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,813 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,791 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
Baze v. Rees
553 U.S. 35 (2008) Cited 1,064 times 13 Legal Analyses
Holding in the Eighth Amendment context that the government's choice of drug can violate the Constitution
Buckman Co. v. Plaintiffs' Legal Committee
531 U.S. 341 (2001) Cited 1,219 times 84 Legal Analyses
Holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA
Gregory v. Ashcroft
501 U.S. 452 (1991) Cited 1,009 times 2 Legal Analyses
Holding Missouri's judicial age limitation of 70 rationally related to such legitimate purposes as avoiding laborious testing of older judges' physical and mental acuity, promoting orderly attrition of judges, and recognizing that judges' remoteness from public view makes determination of competency, and removal from office, more difficult than for other office-holders
Gonzales v. Oregon
546 U.S. 243 (2006) Cited 571 times 11 Legal Analyses
Holding that statute did not delegate authority to Attorney General to make medical judgments
Benton v. Merrill Lynch Co.
524 F.3d 866 (8th Cir. 2008) Cited 420 times
Finding "'[w]here the allegations show on the face of the complaint there is some insuperable bar to relief, dismissal under Rule 12(b) is appropriate.'"
Nixon v. Missouri Municipal League
541 U.S. 125 (2004) Cited 95 times 2 Legal Analyses
Holding that another provision of federal telecommunications law does not permit a municipality to disregard state controls on its conduct
Hobbs v. Jones
2012 Ark. 293 (Ark. 2012) Cited 52 times
Determining legislative purpose solely by reference to act's title and emergency clause
Ringo v. Lombardi
677 F.3d 793 (8th Cir. 2012) Cited 39 times
Holding that indefinite unavailability of drugs used in lethal injection protocol rendered challenge to protocol moot, citing Cooey
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 362,607 times 962 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,455 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 331 - Prohibited acts
21 U.S.C. § 331 Cited 1,537 times 111 Legal Analyses
Prohibiting "[t]he introduction or delivery for introduction into interstate commerce of any... drug ... that is adulterated or misbranded
Section 337 - Proceedings in name of United States; provision as to subpoenas
21 U.S.C. § 337 Cited 695 times 22 Legal Analyses
Providing that suits to enforce the FDCA generally must be brought "by and in the name of the United States"
Section 353 - Exemptions and consideration for certain drugs, devices, and biological products
21 U.S.C. § 353 Cited 307 times 22 Legal Analyses
Requiring a prescription drug label to bear the symbol "Rx only"
Section 546.720 - Death penalty - manner of execution - execution team to be selected, members, confidentiality
Mo. Rev. Stat. § 546.720 Cited 22 times
Calling for lethal injection without specifying which chemical must be used

Zink et al v. Lombardi et al

27 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding in the Eighth Amendment context that the government's choice of drug can violate the Constitution

Holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA

Holding that statute did not delegate authority to Attorney General to make medical judgments

Finding "'[w]here the allegations show on the face of the complaint there is some insuperable bar to relief, dismissal under Rule 12(b) is appropriate.'"

Holding that another provision of federal telecommunications law does not permit a municipality to disregard state controls on its conduct

Determining legislative purpose solely by reference to act's title and emergency clause

Holding that indefinite unavailability of drugs used in lethal injection protocol rendered challenge to protocol moot, citing Cooey

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Prohibiting "[t]he introduction or delivery for introduction into interstate commerce of any... drug ... that is adulterated or misbranded

Providing that suits to enforce the FDCA generally must be brought "by and in the name of the United States"

Requiring a prescription drug label to bear the symbol "Rx only"

Calling for lethal injection without specifying which chemical must be used