46 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 269,063 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  2. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,885 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,078 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  4. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,358 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity
  5. Granite Rock Co. v. Int'l Bhd. of Teamsters

    561 U.S. 287 (2010)   Cited 1,358 times   13 Legal Analyses
    Holding that the court decides when union ratified, and thus became a party to, collective bargaining agreement containing arbitration clause
  6. Schreiber Distributing v. Serv-Well Furniture

    806 F.2d 1393 (9th Cir. 1986)   Cited 2,308 times
    Holding that Rule 9(b) requires the plaintiff to "state with particularity" the "circumstances constituting the fraud," including a statement of "the time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentation."
  7. Williams v. Gerber Products

    552 F.3d 934 (9th Cir. 2008)   Cited 930 times   35 Legal Analyses
    Holding that "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"
  8. Van Buskirk v. Cable News Network, Inc.

    284 F.3d 977 (9th Cir. 2002)   Cited 984 times
    Holding that the Ninth Circuit's "incorporation by reference" rule allows a court to look beyond the face of the complaint without converting a Rule 12(b) motion to dismiss to a motion for summary judgment
  9. City v. Merrill Lynch

    68 Cal.App.4th 445 (Cal. Ct. App. 1998)   Cited 454 times
    Holding allegation that brokerage firm encouraged client to undertake "imprudent and unsuitable" investment program that included "speculative investments in extremely volatile securities, risky transactions in highly leveraged interest-bearing instruments, and excessive commissions" sufficient to state a claim for breach of fiduciary duty
  10. Ariz. Students' Ass'n v. Ariz. Bd. of Regents

    824 F.3d 858 (9th Cir. 2016)   Cited 221 times
    Holding that the Arizona Students' Association stated a First Amendment retaliation claim against the Arizona Board of Regents based the Regents suspension of collection and remittance of the student fees which funded the student association following the association's support of a ballot initiative
  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 348,617 times   930 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 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,830 times   123 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
  13. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,609 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
  14. Section 501 - Exemption from tax on corporations, certain trusts, etc

    26 U.S.C. § 501   Cited 3,234 times   294 Legal Analyses
    Granting tax-exempt status to qualified pension plans
  15. Section 170 - Charitable, etc., contributions and gifts

    26 U.S.C. § 170   Cited 1,303 times   100 Legal Analyses
    In § 170 and § 501(c)(3), Congress has identified categories of traditionally exempt institutions and has specified certain additional requirements for tax exemption.
  16. Section 2055 - Transfers for public, charitable, and religious uses

    26 U.S.C. § 2055   Cited 277 times   9 Legal Analyses
    Allowing deductions from taxable estate for transfers to the government, charities, and religious organizations
  17. Section 509 - Private foundation defined

    26 U.S.C. § 509   Cited 155 times   26 Legal Analyses
    Providing for three circumstances under which an organization may qualify as a supporting organization, only one of which need be satisfied
  18. Section 16040 - Reasonable care, skill and caution; standard expanded or restricted by settlor

    Cal. Prob. Code § 16040   Cited 84 times

    (a) The trustee shall administer the trust with reasonable care, skill, and caution under the circumstances then prevailing that a prudent person acting in a like capacity would use in the conduct of an enterprise of like character and with like aims to accomplish the purposes of the trust as determined from the trust instrument. (b) The settlor may expand or restrict the standard provided in subdivision (a) by express provisions in the trust instrument. A trustee is not liable to a beneficiary for

  19. Section 24 - Beneficiary

    Cal. Prob. Code § 24   Cited 64 times
    Defining "beneficiary" as "a person who has any present or future interest, vested or contingent"
  20. Section 4942 - Taxes on failure to distribute income

    26 U.S.C. § 4942   Cited 61 times   13 Legal Analyses
    Providing that "the minimum investment return for any private foundation for any taxable year is 5 percent of the excess of the aggregate fair market value of all assets of the foundation other than those which are used (or held for use) directly in carrying out the foundation's exempt purpose, over (B) the acquisition indebtedness with respect to such assets"
  21. Section 53.4945-4 - Grants to individuals

    26 C.F.R. § 53.4945-4   1 Legal Analyses

    (a)Grants to individuals - (1)In general. Under section 4945(d) (3) the term "taxable expenditure" includes any amount paid or incurred by a private foundation as a grant to an individual for travel, study, or other similar purposes by such individual unless the grant satisfies the requirements of section 4945(g). Grants to individuals which are not taxable expenditures because made in accordance with the requirements of section 4945(g) may result in the imposition of excise taxes under other provisions