25 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,314 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,259 times 365 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' "
Foman v. Davis
371 U.S. 178 (1962) Cited 28,595 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Ghazali v. Moran
46 F.3d 52 (9th Cir. 1995) Cited 7,154 times
Holding that a court may dismiss an action based on a party's failure to comply with the court's Local Rules
Daniels-Hall v. National Educ. Ass'n
629 F.3d 992 (9th Cir. 2010) Cited 2,085 times 3 Legal Analyses
Holding courts may take judicial notice of information made publicly available by government entities on government websites
Chappel v. Laboratory Corp. of America
232 F.3d 719 (9th Cir. 2000) Cited 1,470 times 1 Legal Analyses
Holding that an ERISA plan administrator would have breached its fiduciary duty if it adopted a mandatory arbitration clause with a 60–day time limit in which to demand arbitration, and gave notice of the clause and its terms only in a summary plan description contained in an employment manual
Cavalier v. Random House, Inc.
297 F.3d 815 (9th Cir. 2002) Cited 181 times 1 Legal Analyses
Holding that the setting of the night sky "naturally and necessarily flow[ed] from the basic plot premise of a child's journey through the night sky; therefore, the night sky setting constitutes scenes-a-faire and cannot support a finding of substantial similarity"
Litchfield v. Spielberg
736 F.2d 1352 (9th Cir. 1984) Cited 243 times 1 Legal Analyses
Holding that because the unfair competition and misrepresentation claims are "restatements of the copyright infringement claims, they are preempted by federal copyright law"
Art Attacks Ink, LLC v. MGA Entertainment Inc.
581 F.3d 1138 (9th Cir. 2009) Cited 116 times 2 Legal Analyses
Holding evidence that the plaintiff sold 2,000 t-shirts per year and displayed its design at county fairs and on the internet was insufficient to show widespread dissemination
Rentmeester v. Nike, Inc.
883 F.3d 1111 (9th Cir. 2018) Cited 85 times 7 Legal Analyses
Holding that district court did not abuse its discretion in dismissing suit with prejudice when amending complaint would have been futile
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 345,449 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,400 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Martina D. Evans v. Morgan Avery McCoy-Harris et al

25 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

Holding that a court may dismiss an action based on a party's failure to comply with the court's Local Rules

Holding courts may take judicial notice of information made publicly available by government entities on government websites

Holding that an ERISA plan administrator would have breached its fiduciary duty if it adopted a mandatory arbitration clause with a 60–day time limit in which to demand arbitration, and gave notice of the clause and its terms only in a summary plan description contained in an employment manual

Holding that the setting of the night sky "naturally and necessarily flow[ed] from the basic plot premise of a child's journey through the night sky; therefore, the night sky setting constitutes scenes-a-faire and cannot support a finding of substantial similarity"

Holding that because the unfair competition and misrepresentation claims are "restatements of the copyright infringement claims, they are preempted by federal copyright law"

Holding evidence that the plaintiff sold 2,000 t-shirts per year and displayed its design at county fairs and on the internet was insufficient to show widespread dissemination

Holding that district court did not abuse its discretion in dismissing suit with prejudice when amending complaint would have been futile

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

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint