19 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,589 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,823 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 64,362 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
  4. Hebbe v. Pliler

    611 F.3d 1202 (9th Cir. 2010)   Cited 7,929 times
    Holding pro se complaints should be liberally construed
  5. Starr v. Baca

    652 F.3d 1202 (9th Cir. 2011)   Cited 5,495 times   2 Legal Analyses
    Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff
  6. In re Gilead Sciences

    536 F.3d 1049 (9th Cir. 2008)   Cited 3,014 times   4 Legal Analyses
    Holding that a court need not accept as true "allegations that are merely conclusory"
  7. Dastar Corp. v. Twentieth Century Fox Film Corp.

    539 U.S. 23 (2003)   Cited 755 times   23 Legal Analyses
    Holding that federal trademark law helps assure the mark holder that it "will reap the financial, reputation-related rewards associated with a desirable product" rather than an imitator (quoting Qualitex Co. v. Jacobson Prods. Co. , 514 U.S. 159, 163–164, 115 S.Ct. 1300, 131 L.Ed.2d 248 (1995) )
  8. Lucas v. Department of Corrections

    66 F.3d 245 (9th Cir. 1995)   Cited 2,417 times
    Holding that dismissal of a pro se complaint without leave to amend is proper only if it is clear that the deficiencies cannot be cured by amendment or after the pro se litigant is given an opportunity to amend
  9. Brookfield Communications, Inc. v. West Coast Entertainment Corp.

    174 F.3d 1036 (9th Cir. 1999)   Cited 1,100 times   9 Legal Analyses
    Holding mark use was not sufficiently public when used in a website domain and in "limited correspondence with lawyers and a few customers"
  10. Porter v. Jones

    319 F.3d 483 (9th Cir. 2003)   Cited 930 times
    Finding it permissible to consider allegations that were "rooted in past events" when the relief sought was prospective
  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 357,946 times   950 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 162,144 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 29,440 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 107 - Limitations on exclusive rights: Fair use

    17 U.S.C. § 107   Cited 1,035 times   177 Legal Analyses
    Noting that the third factor concerns "the amount and substantiality of the portion used in relation to the copyrighted work as a whole"
  15. Section 512 - Limitations on liability relating to material online

    17 U.S.C. § 512   Cited 599 times   187 Legal Analyses
    Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"