33 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. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,783 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
  4. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,660 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"
  5. Atlantic Richfield Co. v. USA Petroleum Co.

    495 U.S. 328 (1990)   Cited 837 times   6 Legal Analyses
    Holding that an antitrust injury is an injury that is "attributable to an anti-competitive aspect of the practice under scrutiny"
  6. Bates v. State Bar of Arizona

    433 U.S. 350 (1977)   Cited 1,042 times   6 Legal Analyses
    Holding that a state rule barring lawyers from advertising their services was not challengeable under the Sherman Act but also that the state rule, as applied, violated the attorneys' First Amendment free speech rights
  7. Wilson v. Hewlett–Packard Co.

    668 F.3d 1136 (9th Cir. 2012)   Cited 794 times   5 Legal Analyses
    Holding that where a defendant has not made an affirmative misrepresentation, a plaintiff must allege the existence of an unreasonable safety hazard and a causal connection between the defect and the hazard
  8. Somers ex rel. Herself v. Apple, Inc.

    729 F.3d 953 (9th Cir. 2013)   Cited 604 times   2 Legal Analyses
    Holding that plaintiff's theory was "implausible in the face of contradictory . . . facts alleged in her complaint"
  9. Kendall v. Visa

    518 F.3d 1042 (9th Cir. 2008)   Cited 580 times   3 Legal Analyses
    Holding that leave to amend would be futile where plaintiff was granted leave to amend once before and the amended complaint contained the same deficiencies as the prior complaint
  10. Parker v. Brown

    317 U.S. 341 (1943)   Cited 1,311 times   34 Legal Analyses
    Holding that restraints imposed by the state "as an act of government" are immune from antitrust liability
  11. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,507 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  12. Section 15 - Suits by persons injured

    15 U.S.C. § 15   Cited 5,688 times   35 Legal Analyses
    Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."
  13. Section 2 - Monopolizing trade a felony; penalty

    15 U.S.C. § 2   Cited 4,395 times   30 Legal Analyses
    In § 2 cases under the Sherman Act, as in § 7 cases under the Clayton Act (Brown Shoe Co. v. United States, 370 U.S. 294, 325) there may be submarkets that are separate economic entities.
  14. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 2,927 times   69 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"
  15. Section 12-341.01 - Recovery of attorney fees

    Ariz. Rev. Stat. § 12-341.01   Cited 2,619 times   16 Legal Analyses
    Permitting an award of reasonable attorney's fees to the successful party in a contested action arising out of express or implied contract
  16. Section 26 - Injunctive relief for private parties; exception; costs

    15 U.S.C. § 26   Cited 1,457 times   1 Legal Analyses
    Authorizing injunctive relief against "threatened loss or damage by a violation of the antitrust laws"
  17. Section 35 - Recovery of damages, etc., for antitrust violations from any local government, or official or employee thereof acting in an official capacity

    15 U.S.C. § 35   Cited 132 times
    Prohibiting the recovery of damages for antitrust violations from local governments and officials
  18. Section 34 - Definitions applicable to sections 34 to 36

    15 U.S.C. § 34   Cited 123 times
    Defining "local government" to include various entities "established by State law in one or more States"
  19. Section 28-8424 - Nonprofit corporation lessees; status; authority; exemptions

    Ariz. Rev. Stat. § 28-8424   Cited 3 times

    A. A nonprofit corporation that is a lessee as provided in section 28-8423: 1. Is a validly organized and existing body politic and corporate exercising its powers for the benefit of the people, for the improvement of the people's health and welfare and for the increase of the people's traffic and prosperity. 2. Is engaged in a public purpose essential to transportation and communication. 3. Performs an essential governmental function as an agency or instrumentality of the city, town, county or state

  20. Section 28-8423 - Airport land lease; nonprofit corporation

    Ariz. Rev. Stat. § 28-8423   Cited 1 times

    A. If the department, in the operation and maintenance of the Grand Canyon national park airport, or if a city, town or county has leased or leases land owned by it to a nonprofit corporation for airport or air terminal purposes pursuant to a lease agreement that provides that title to all buildings, structures and additions made or added to the leased premises by the nonprofit corporation vests in the state, city, town or county in the manner and subject to the restrictions contained in the agreement