All State & Fed.
Calendar Research LLC v. StubHub, Inc. et al
REPLY in Support of NOTICE OF MOTION AND MOTION to File Amended Answer 243
Owens v. Kaiser Found. Health Plan, Inc.
244 F.3d 708 (9th Cir. 2001)
Cited 1,400 times
Holding that defendant was not estopped from raising untimely res judicata defense
DCD Programs, Ltd. v. Leighton
833 F.2d 183 (9th Cir. 1987)
Cited 2,229 times
Holding that district court abused its discretion by denying plaintiffs' motion to file fourth amended complaint
Jackson v. Bank of Hawaii
902 F.2d 1385 (9th Cir. 1990)
Cited 999 times
Holding that plaintiffs are not entitled to amend to add claims that "advance different legal theories and require proof of different facts"
Bowles v. Reade
198 F.3d 752 (9th Cir. 1999)
Cited 715 times
Holding that a plan participant cannot settle an ERISA § 502 claim without the plan’s consent
Miller v. Rykoff-Sexton, Inc.
845 F.2d 209 (9th Cir. 1988)
Cited 1,034 times
Holding that amendment is futile if no set of facts can be proven under the amendment that would constitute a valid claim
Kaplan v. Rose
49 F.3d 1363 (9th Cir. 1994)
Cited 501 times
Holding that the CEO of small company had proved good faith by submitting an uncontradicted affidavit stating that he never directed anyone to make misstatements that he knew to be misleading
United States v. United Healthcare Ins. Co.
848 F.3d 1161 (9th Cir. 2016)
Cited 131 times
1 Legal Analyses
Holding Rule 9(b) requires allegations specifying "what is false or misleading about a statement, and why it is false"
Acri v. International Ass'n of Machinists & Aerospace Workers
781 F.2d 1393 (9th Cir. 1986)
Cited 286 times
Holding that accrual of cause of action was question of law when evidentiary facts regarding accrual were not in dispute
Texaco, Inc. v. Ponsoldt
939 F.2d 794 (9th Cir. 1991)
Cited 237 times
Holding that an eight-month delay was unreasonable
Hynix Semiconductor Inc. v. Toshiba Corporation
No. C-04-04708 VRW and Related Cases (N.D. Cal. Oct. 31, 2006)
Cited 34 times
Rejecting proposed construction because it would simply "replace the present term with a more ambiguous one"