§Why CasetextPricing

Enigma Software Group USA, LLC v. Malwarebytes Inc.

MOTION to Dismiss First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12

38 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   366 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' "

  3. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,095 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  4. Korea Supply Co. v. Lockheed Martin Corp.

    29 Cal.4th 1134 (Cal. 2003)   Cited 1,660 times   16 Legal Analyses
    Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

  5. Allen v. City of Beverly Hills

    911 F.2d 367 (9th Cir. 1990)   Cited 963 times   1 Legal Analyses
    Holding that a provision allowing the Beverly Hills City Council to abolish any position in the classified service when "necessary in the interests of economy or because the necessity for the position no longer exists" does not significantly constrain the City's discretion and thus does not create a property interest

  6. Sprewell v. Golden State Warriors

    275 F.3d 1187 (9th Cir. 2001)   Cited 628 times
    Affirming district court's order dismissing a petition to vacate under Rule 12(b) on the basis that the arbitrator's decision drew its essence from the CBA

  7. Southland Sod Farms v. Stover Seed Co.

    108 F.3d 1134 (9th Cir. 1997)   Cited 687 times   5 Legal Analyses
    Holding that defendants cannot be liable for false advertising when they were not "responsible for disseminating the offending advertisements"

  8. Kirch v. Liberty Media Corp.

    449 F.3d 388 (2d Cir. 2006)   Cited 502 times
    Holding that plaintiffs failed to allege actual breach where plaintiff nowhere asserted that third party actually breached a contract, and refusing to infer from plaintiff's claims that third party “abandoned” and “walked away” from a deal that third party “violated the terms of a contract with [plaintiff] when it did so”

  9. Kwan v. Sanmedica Int'l

    854 F.3d 1088 (9th Cir. 2017)   Cited 285 times   6 Legal Analyses
    Holding that complaints may be dismissed based on either lack of a cognizable legal theory or insufficient facts under a cognizable theory

  10. Fair v. Roommates

    521 F.3d 1157 (9th Cir. 2008)   Cited 320 times   27 Legal Analyses
    Holding defendant liable for developing content by “not merely ... augmenting the content generally, but ... materially contributing to its alleged unlawfulness” when it required subscribers to provide information which enabled users of site to unlawfully discriminate in selecting a roommate

  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 348,148 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,511 times   185 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  13. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,341 times   321 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  14. Section 1114 - Remedies; infringement; innocent infringement by printers and publishers

    15 U.S.C. § 1114   Cited 7,940 times   90 Legal Analyses
    Holding liable "Any person who shall, without the consent of the registrant — use in commerce any reproduction . . . of a registered mark . . . in connection with which such use is likely to cause confusion."

  15. Section 230 - Protection for private blocking and screening of offensive material

    47 U.S.C. § 230   Cited 1,027 times   168 Legal Analyses
    Limiting liability