§Why CasetextPricing

Ana Maria Alberghetti et al v. Corbis Corporation

MEMORANDUM in Support of MOTION to Dismiss Plaintiffs Complaint Pursuant to Fed.R.Civ.P.12

51 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 269,029 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 281,939 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,617 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  4. Galbraith v. County of Santa Clara

    307 F.3d 1119 (9th Cir. 2002)   Cited 2,944 times   1 Legal Analyses
    Holding that plaintiff's allegations that a coroner's knowingly or recklessly false statements led to his arrest and prosecution were sufficient to state a § 1983 claim

  5. Knievel v. ESPN

    393 F.3d 1068 (9th Cir. 2005)   Cited 2,444 times   2 Legal Analyses
    Holding incorporation by reference applies where “plaintiff's claim depends on the contents of a document, the defendant attaches the document to its motion to dismiss, and the parties do not dispute the authenticity of the document, even though the plaintiff does not explicitly allege the contents of that document in the complaint”

  6. Sony Corp. v. Universal City Studios, Inc.

    464 U.S. 417 (1984)   Cited 990 times   28 Legal Analyses
    Holding identical copying of videotapes under unique circumstances of case “[did] not have its ordinary effect of militating against a finding of fair use”

  7. Branch v. Tunnell

    14 F.3d 449 (9th Cir. 1994)   Cited 3,040 times
    Holding that plaintiffs "`must state in their complaint nonconclusory allegations setting forth evidence of unlawful intent. The allegations of facts must be specific and concrete enough to enable the defendants to prepare a response, and where appropriate, a motion for summary judgment based on qualified immunity.'"

  8. Intri-Plex v. Crest

    499 F.3d 1048 (9th Cir. 2007)   Cited 1,007 times
    Holding courts, when ruling on motion to dismiss, "may not consider material beyond the complaint," other than material as to which judicial notice may be taken

  9. Hines v. Davidowitz

    312 U.S. 52 (1941)   Cited 2,217 times   12 Legal Analyses
    Holding that the Alien Registration Act of 1940 preempted Pennsylvania's alien registration requirements

  10. McBride v. Boughton

    123 Cal.App.4th 379 (Cal. Ct. App. 2004)   Cited 494 times
    Holding that common count will "stand or fall" with cause of action seeking the same recovery

  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 363,942 times   963 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 165,126 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 30,025 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."

  14. Section 8 - Powers of Congress

    U.S. Const. art. I, § 8   Cited 7,122 times   37 Legal Analyses
    Granting Congress the power to “provide for the common Defence,” to “regulate Commerce with foreign Nations,” and to “establish an uniform Rule of Naturalization”

  15. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,616 times   181 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  16. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,945 times   111 Legal Analyses
    Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

  17. Section 102 - Subject matter of copyright: In general

    17 U.S.C. § 102   Cited 2,316 times   122 Legal Analyses
    Granting protection to "literary works"

  18. Section 301 - Preemption with respect to other laws

    17 U.S.C. § 301   Cited 1,434 times   20 Legal Analyses
    Stating that when "legal or equitable rights ... are equivalent to any of the exclusive rights within the general scope of copyright ... no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State"

  19. Section 201 - Ownership of copyright

    17 U.S.C. § 201   Cited 976 times   27 Legal Analyses
    Providing that copyright in a work "vests initially in the author"

  20. Section 3344 - Using another's name, voice, signature, photograph or likeness

    Cal. Civ. Code § 3344   Cited 398 times   48 Legal Analyses
    Granting $5728.42 of the $15,437.72 requested