§Why CasetextPricing

Zink et al v. Lombardi et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

27 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,930 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 274,322 times   368 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

  3. Baze v. Rees

    553 U.S. 35 (2008)   Cited 1,051 times   13 Legal Analyses
    Holding in the Eighth Amendment context that the government's choice of drug can violate the Constitution

  4. Buckman Co. v. Plaintiffs' Legal Committee

    531 U.S. 341 (2001)   Cited 1,201 times   82 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

  5. Gregory v. Ashcroft

    501 U.S. 452 (1991)   Cited 997 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

  6. Gonzales v. Oregon

    546 U.S. 243 (2006)   Cited 566 times   11 Legal Analyses
    Holding that statute did not delegate authority to Attorney General to make medical judgments

  7. Benton v. Merrill Lynch Co.

    524 F.3d 866 (8th Cir. 2008)   Cited 418 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.'"

  8. 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

  9. Hobbs v. Jones

    2012 Ark. 293 (Ark. 2012)   Cited 52 times
    Determining legislative purpose solely by reference to act's title and emergency clause

  10. 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

  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 355,101 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

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,697 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 331 - Prohibited acts

    21 U.S.C. § 331   Cited 1,528 times   108 Legal Analyses
    Prohibiting the sale of adulterated foods

  14. Section 337 - Proceedings in name of United States; provision as to subpoenas

    21 U.S.C. § 337   Cited 680 times   21 Legal Analyses
    Restricting FDCA enforcement to suits by the United States

  15. Section 353 - Exemptions and consideration for certain drugs, devices, and biological products

    21 U.S.C. § 353   Cited 304 times   21 Legal Analyses
    Requiring a prescription drug label to bear the symbol "Rx only"

  16. 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