9 Cited authorities

Fogerty v. Fantasy, Inc.
510 U.S. 517 (1994) Cited 2,841 times 30 Legal Analyses
Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
Fantasy, Inc. v. Fogerty
984 F.2d 1524 (9th Cir. 1993) Cited 1,366 times 1 Legal Analyses
Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action
Wilkerson v. Butler
229 F.R.D. 166 (E.D. Cal. 2005) Cited 132 times
Granting motion to strike all but one of plaintiff's causes of action because they "fail[] to state anything beyond" the first cause of action
Garcia ex rel. Marin v. Clovis Unified School Dist.
627 F. Supp. 2d 1187 (E.D. Cal. 2009) Cited 30 times
Holding that a school is not deliberately indifferent simply because the response did not remedy the harassment or because the school did not utilize a particular discipline
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
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 26,851 times 260 Legal Analyses
Adopting the Daubert standard
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,192 times 75 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,516 times 35 Legal Analyses
Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
Rule 602 - Need for Personal Knowledge
Fed. R. Evid. 602 Cited 3,526 times 13 Legal Analyses
Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

Neda Faraji et al v. Target Corporation et al

9 Cited authorities

Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988

Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action

Granting motion to strike all but one of plaintiff's causes of action because they "fail[] to state anything beyond" the first cause of action

Holding that a school is not deliberately indifferent simply because the response did not remedy the harassment or because the school did not utilize a particular discipline

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

Adopting the Daubert standard

Holding that such a statement must merely be made by the party and offered against that party

Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"

Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"